The Mind Company Group, Inc. Privacy Policy

This Privacy Policy (“Privacy Policy” or “Policy”) explains how The Mind Company, an affiliate of The Mind Company Group, Inc. (“Elevate,” “Balance,” “Spark,” or “we,” or “us,” or “our”) collects personal information based on your interactions with us on our website and mobile applications including The Mind Company, Elevate: Brain Training Games, Balance: Meditation & Sleep, and Spark (the “Services”).  

This Policy describes our practices with respect to the collection and use of personal information and describes rights you may have with respect to your personal information. By using our Services and otherwise interacting with us, you agree to the terms of our Terms of Service, including this Policy.

This Policy does not cover the personal information we collect about employees and independent contractors, although it does apply to job applicants. 

Please see our Washington and Nevada Consumer Health Data Privacy Notices here.

Notice at Collection: Personal Information We Collect 

We collect the following categories of personal information:

• Personal identifiers: real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, username and password for the relevant Services.

• Protected class information: race/ethnicity, age, and gender identity if you choose to voluntarily provide when applying for a position with us;

• Commercial and financial information: records of products or services ordered or considered; and other purchasing or consuming histories

• Internet or other electronic activity information: your device and browser type, your browsing and search history on our Services, information regarding your interaction with our Services and our advertisements, information about your activities on other websites or apps

• Professional information: job title and information about your employer if you provide such information when applying for a position with us

• Education information: educational institutions attended, degree information, grades or grade information, classes or courses taken, certificates obtained, and honors received, each to the extent provided when applying for a position with us 

• Inferences drawn from personal information we collect

• Sensitive personal information: health information

We have collected the same categories of personal information in the 12 months prior to the date of this Privacy Policy.   

Notice at Collection - Purposes for Collection of Personal Information

We collect the categories of Personal Information identified for the following purposes:

Aggregate and Deidentified Data

We may create and utilize aggregate and deidentified data derived from personal information for various purposes, such as: 

1. Service Improvement: Using aggregate data to improve and enhance our services. 

2. Analysis: Analyzing personal information in aggregate form to operate, maintain, manage, and improve our services. 

3. Data Sharing: Sharing aggregate data with affiliates and service providers for lawful purposes. 

4. Statistical Reporting: Disclosing aggregated user statistics to describe our services to customers and third parties. 

Research

Your data may be utilized in aggregate form for research purposes. This processing is based on our legitimate interest in creating non-personally identifiable data to enhance our services for customers, provide reports to third parties, and promote our business. All research aggregate data is de-identified, ensuring that research results do not identify individual users. 

This means we may analyze aggregated data to study trends, patterns, and user behavior for scientific publications, presentations, and reports. Your identity remains anonymous in research and scientific analyses. 

Aggregate and Deidentified Data for Marketing Purposes

• Marketing Materials: Your data, in aggregate and de-identified form, may be utilized to create marketing materials. This could include statistics, trends, or general insights derived from the collective data of our users. These materials are intended to showcase the benefits and features of our products/services to potential customers, partners, or investors. 

• Sales Presentations: Aggregated and de-identified data may be incorporated into sales presentations. These presentations are designed to highlight the value proposition of our products/services to potential investors or business partners. Using aggregated data in sales presentations helps us demonstrate market trends, user demographics, and the overall success of our products/services. 

We take data privacy seriously and ensure that any data used for marketing and sales purposes is stripped of personally identifiable information. This means individual user identities are not disclosed or used in marketing materials or sales presentations. Our goal is to leverage aggregated data in a way that promotes transparency, privacy, and ethical data practices. 

Notice at Collection: Retention Periods

We retain the categories of personal information we collect for the length of time necessary to provide our Services and to comply with legal obligations or to protect our legal rights.  

Notice at Collection: Categories of Personal Information We Sell or Share or Use for Targeted Advertising 

When we engage in digital advertising, we may sell the following categories of personal information (according to the broad definition of “sell” under select state privacy laws), share them for purposes of cross-context behavioral advertising, or use them for targeted advertising: personal identifiers (including IP address, mobile advertising IDs) and internet or other electronic activity information.  

These categories of personal information are sold to or shared for cross-context behavioral advertising or targeted advertising with advertising networks, data brokers and other companies that facilitate or engage in digital advertising. We engage in such sales and sharing to facilitate personalized advertising.  We do so by allowing third parties to place cookies or other tracking technologies on our Services that may collect information about your online activities over time and across different Services.  For more information about the use of cookies and other tracking technologies, see the section “Our Use of Cookies and Analytics” below.  

To opt out of such sales and sharing of personal information for cross-context behavioral advertising, click here.

We do not sell or share for cross-context behavioral advertising any of the other categories of personal information we collect.

Categories of Third Parties to Whom We Disclose Personal Information 

We disclose personal information to the following categories of entities that do not operate as our processors and are not our affiliates: Advertising companies and data brokers that process personal information for purposes of providing advertising and marketing services to us and other parties. 

Sources From Which We Collect Personal Information

We collect personal information directly from our customers, Service users, and representatives of entities with which we do business or may do business.  We also collect personal information from data aggregators and data brokers.

Use of Sensitive Personal Information 

We do not use sensitive information you may provide to us to infer personal characteristics about you or for any other purposes that could give rise to your right to direct us to limit our use of such information under California law.

No Profiling to Facilitate Decisions with Legal or Other Significant Effects

We do not engage in the automated processing of personal information to create profiles about individuals that are used in furtherance of decisions with legal or other similarly significant effects, such as the provision or denial of financial or lending services, housing, insurance, or access to essential goods or services.

Use of Personal Information to Train LLMs

We do not collect, use or sell personal information for the purpose of training large language models. 

Disclosure of Personal Information for Business Purposes in the Past 12 Months

The following chart describes the categories of personal information we disclosed for a business purpose in the 12 months prior to the date of this Policy:

Business Purposes for Such Disclosures 

We disclosed the aforementioned categories of personal information to the categories of third parties identified above for the following purposes: to manage customer and vendor accounts and relationships; process payments; verify customers’ identities; fulfill orders and transactions; engage in advertising and marketing; operate our IT systems and secure our systems; prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.    

Additional Information About How We May Disclose Personal Information and Purposes for Disclosures

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.

Our Use of Cookies and Analytics

We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our Services. Tracking technologies are small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our Services. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our Services.  

We also allow third parties (including Google) to use third party cookies, web beacons, and other storage technologies to collect or receive information about how you interact with our Services and elsewhere on the Internet and use that information to provide analytics and other measurements services, and to deliver and target advertisements tailored to you. Third parties may also use some of these technologies to assist us in determining if you require assistance or are having problems navigating on our Services, and this may include technologies that record your interactions with the Services, including without limitation, your keystrokes, mouse clicks, screen touches, and information about when, how and from where you accessed our Services.  

You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.

We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a Site, what pages they visit when they do so, and what other websites they visited prior to visiting our website. For information about Google’s privacy practices, please refer to the Google Privacy Policy: https://policies.google.com/privacy?hl=en-US#infocollect.

Personal Information of Minors

Our Services are not directed to minors under the age of 13 and we do not knowingly sell or share for purposes of behavioral advertising the personal information of minors, including minors under 16 years of age. 

Third Party Websites 

Our Services may contain links to third-party websites, including social media buttons that link to social media platforms. This Policy does not govern how those third parties or social media platforms collect or use personal information and we do not endorse or have control over their practices.  The privacy policies and terms of use for those third parties’ websites/apps or social media platforms govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.

Securing Your Personal Data 

Laws that apply to our business may require us to maintain reasonable security measures. However, data security incidents and breaches can occur due to factors that cannot reasonably be prevented. Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.

Deleting Your Personal Information

You have the right to request deletion of personal information that we have collected about you and to have such information deleted, subject to certain exceptions (e.g., legal obligations that may require us to retain such information).  To make a request for deletion of your personal information, please email [email protected].

Changes to This Policy

We will review and update this Policy from time to time.  If changes are made, we will update the Privacy Policy and reflect the date of such modification in the date above. Depending on the type of change, we may notify you of the change by posting on this page or by email. Please review this policy periodically, and especially before you provide any personal information.

Accessibility

To make accessibility-related requests, please contact us at [email protected]. 

U.S. State Data Privacy Rights 

Consumer Rights Under Comprehensive U.S. State Data Privacy Laws 

We provide residents of the following states with rights regarding the personal information we may collect about them in accordance with their state’s data privacy laws: California, Colorado, Connecticut, Delaware, Florida, Iowa, Maryland (effective 10/1/25), Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia which give state residents various rights with respect to many types of personal information we collect about them, with some exceptions. In addition, as of January 1, 2026, this will include residents of the following states: Indiana, Kentucky, and Rhode Island.

The rights provided under these laws are similar in many respects, with some differences from state to state.  We list below the rights that may be applicable to our business under these laws, noting that not all rights are available under each state’s law: 

Right to Know: The right to confirm whether we are processing a state resident’s personal information and to access such data.  Laws in some states provide the right to know more detailed information. 

• California’s privacy law gives state residents the right to request the following additional information collected since January 1, 2022: Categories of personal information we have collected about them; categories of sources from which such personal information was collected; categories of personal information that the business sold or disclosed for a business purpose about the consumer; categories of third parties to whom the personal information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling your personal information.

• Oregon’s privacy law gives state residents the right to request a list of third party entities to which we have disclosed personal information. 

Right to Access / Copy: The right to access or request a copy of the personal information we have collected from a state resident, subject to certain exceptions.

Right to Delete: The right to request deletion of their personal information that we have collected from or about the resident and to have such information deleted, subject to certain exceptions.

Right to Correct: The right to request that we correct inaccuracies in a state resident’s personal information, taking into account the nature of personal data and purposes of processing such information.  

Right to Know Third Party Recipients of Personal Information:  The right to know the identities of third parties to which a business has disclosed personal information.  This right is available under Oregon and Minnesota privacy laws. 

Right to Know Categories of Third Parties: The right to know the categories of third parties to which we have disclosed personal information.  This is a right provided under the Maryland privacy law.  

Rights to Opt Out:  Various rights to request that we stop using state resident’s personal information for one or more of the following purposes: 

• Sale of Personal Information: The right to request that we stop selling f their personal information, consistent with the definition of “sale” in each law. 

• Targeted Advertising: The right to request that we stop processing their personal information for targeted advertising, subject to exceptions in some state laws.  

• Sharing for Cross-Context Behavioral Advertising: California’s law provides the right to request that we stop sharing personal information for cross-context behavioral advertising.  

Please note, California’s law is the only law that applies to all state residents, irrespective of the context in which they interact with us (e.g., a customer, a business contact, a vendor).  Laws in other states apply only to people when acting in an individual or household context.

Consumer Rights Under U.S. State Consumer Health Data Privacy Laws

We have a separate Consumer Health Data Privacy Notice that relates to rights provided under consumer health data privacy laws in Nevada and Washington state to residents of those states acting in an individual or household context with respect to their consumer health data.  Washington’s law may also apply to individuals whose consumer health data is processed in that state.  You can access our Consumer Health Data Privacy Notices here.

California Shine the Light

With reference to California Civil Code Section 1798.83, also known as the “Shine the Light” law, we allow California residents to opt out of the disclosure of personal information to third parties for those third parties’ direct marketing purposes.  To exercise that opt-out option, click here.

Exercising Your Rights

We will respond to requests from residents of states with data privacy laws that apply to us and will do so with respect to the rights that are provided under the requestor’s state law as of the effective date of that law.  The laws in some states listed above may not be in effect as of the date of this Privacy Policy. 

To exercise rights to know, access/copy, delete, correct, or know third parties to whom personal information is disclosed, submit a request by contacting us at [email protected].  We will provide a substantive response to these requests within 45 days of the date on which we receive your request. If we require additional information or time to process your requests, we will contact you.

To exercise your opt-out rights, submit your request here.

We do not respond to the DNT or “Do Not Track” signal.  

Exercising Your Rights Using Authorized Agents

Agents may submit opt-out requests on behalf of individuals under some state data privacy laws. California residents can designate an agent to submit all other types of requests. 

If an agent submits an opt-out request on your behalf, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out request on your behalf. Agents can submit opt-out requests by emailing [email protected].  

If you are a California resident and you use an agent to submit other types of requests, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf.  You will also be required to verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request. Agents can submit requests on behalf of California residents (other than opt-out requests) to [email protected].  

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney.  Any such requests will be processed in accordance with state law pertaining to powers of attorney.

Verification of Requests 

When you exercise rights other than opt-out rights and the right to limit collection of sensitive personal information, we will take steps to verify your identity.  We will ask you for different types of identifying information, depending on the nature of the request, and attempt to match those to information that we maintain or collect about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

When We Do Not Act on a Request – Appeal Process 

In some cases, we may not act on your requests (e.g., if we cannot do so under other laws that apply). When this is the case, we will explain our reasons for not providing you with the information or taking the action (e.g., correcting data) you requested.    

Additionally, under some state laws, you have the right to appeal our decision by contacting us at [email protected] within 30 days after your receipt of our decision.  

Non-Discrimination

If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly.  

Contact Us

If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us at [email protected].