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Privacy Policy

Mental Speak

Privacy Policy

Last Updated: November 14, 2023

 

Mental Speak, LLC, a Texas limited liability company (“Mental Speak,” “we,” “us” or “our”), respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). 

 

Capitalized terms not defined in this Privacy Policy have the meaning set forth in the Terms and Conditions or any additional Mental Speak policies, addendums, and agreements made available to you.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites.

We at Mental Speak constantly aim to provide the best user experience possible to our Users. We value the long-term relationship that allows us to provide a personalized, valuable experience that delivers information, resources and services that are helpful to you. This Privacy Policy discusses, among other things, how information and data obtained during your visit or use of Mental Speak Platform and Services may be collected and used.  By using the Mental Speak Platform or Services, you agree to be bound by the terms of this Privacy Policy.

If you do not agree or consent to any of the terms of this Privacy Policy, your only recourse is to discontinue accessing or otherwise using the website or any materials obtained from it.

By clicking acceptance or by using the Mental Speak PLATFORM or Services, you agree to this Privacy Policy.

If you are a resident of the State of California, please see Section 7 for additional rights only available to residents of the State of California.

If you are a resident of the European Union, please see Section 8 for additional rights only available to residents of the European Union.

If you are a resident of Canada, please see Section 9 for additional rights only available to residents of Canada. 

1. Personal Data and Aggregate Information

“Personal Data” refers to information that tells us specifically who you are, such as your name, phone number, email, approximate geographic location of your computer or device, information about your household or postal address, possible information relating to certain support or customer service issues, and information about the products or services you purchase when those pieces of data are stored with your name. 

While some experiences will not prompt a collection of Personal Data, you generally need to provide us with Personal Data to use most of the features of the Mental Speak Platform and Services, including to allow us to provide you with certain personalized or enhanced Services. How we collect and store information depends on the Services in which you elect to participate.

From time to time, we may collect general, non-personal, statistical information about the use of the Mental Speak Platform or Services.  This information represents a generic overview of our Users’ collective viewing habits and allows us and other third parties to modify information, promotions, offers, and/or discounts on Services based on User traffic and behavior.  We collect this information using technologies such as “cookies”, which are discussed in greater detail below.  We collect this information to determine, for example, which areas of the Mental Speak Platform are most popular and to enhance the Mental Speak Platform.  We may also group this information into aggregate data to describe the use of the Mental Speak Platform to our existing or potential business partners or other third parties, or in response to a government request.  From time to time, we may use this information to optimize third-party offers of products and/or services.  We also may share aggregated demographic and preference data to third parties to enable the provision of targeted information.  However, please be assured that this aggregate data will in no way personally identify you or any other User.

2. Information Mental Speak May Collect From You

a. Information You Provide Us

Mental Speak receives and stores any information you enter on the Mental Speak Platform or give to us in any other way.  Types of information you may provide include:

  • Contact Information. When you sign up for an Account or register for a Service, you may be required to give us your name, demographic data, credentials (passwords, security question answers, and password hints), email address, street address, billing address, and phone number, and additional information that enables you to sign up for and use the Mental Speak Platform and Services.
  • Payment Information. When you provide a credit card number or other payment method via the Mental Speak Platform, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers. We will provide you with the name of the third party that handles our payments, and we encourage you to review such third party’s privacy policy.
  • Information You Submit or Post. We may collect information you submit to us using any of our feedback tools, messaging tools, or website questionnaires. For example, when you contact customer support, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. We may also collect metadata from such content you submit. Such as metadata from pictures you submit or post.
  • Voice and Video Information. We may collect your voice data, which may include background noise, and recordings of you and your background. We use third party service providers to utilize the voice and video features of our Services. If you chose to participate in a Service that requires a video conference, the video conference will be recorded for quality assurance purposes. We will notify you of the recording. Our policy is to keep a copy of the recording for thirty (30) days and then we delete it. You may opt out of this video recording by notifying us prior to the start of the video session. To utilize the voice and video features you may need to grant the third party service providers with access to your camera, microphone, and pictures on your mobile device, tablet, computer, or other device. We will disclose the third party service provider used before initiating a phone or video call. We encourage you to review such third party’s privacy policy and terms of use before granting access.  
  • Phone Information. If you have to install the Mental Speak Platform or use the Mental Speak Platform on your mobile device or tablet, it may require special permission such as access to the camera, microphone, pictures, location, read and write external storage, network access, etc., those permissions allow the Mental Speak Platform to work properly on your device. If you do not allow all required permission to the Mental Speak Platform, it may not work properly.
  • Survey and Testimonial Information. Mental Speak may also collect information and data provided by you from your responses to surveys that we might ask for research purposes to improve our Services. Mental Speak may post testimonials on the Mental Speak Platform. We may also post or share news, events, results, accomplishments, or marketing materials from individuals or companies. Requests to remove posted materials should be submitted to [email protected]. Reasonable efforts will be made to remove posts upon receiving written notice.

b. Information We Collect From Third Parties

In addition to the information we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

  • Social Media Information. We may allow you to utilize our Services by connecting to your social media accounts such as Facebook or Google. We will get basic information from your social media account like your name, gender, profile photo, and connections.
  • Third Party Service Providers. We may receive information through third party service providers such as credit card processing services, information technology, or video conferencing platforms, in order for such service providers to perform business functions on behalf of Mental Speak.

c. Automatically Collected Information

When you visit or access certain areas of the Mental Speak Platform, Mental Speak may collect certain information from you automatically, such as information provided by your website browser or mobile device, including but not limited to:

  • Device Identifiable Information. We may collect information that is linked to your computer or device (“Device Identifiable Information”). This information may include your IP address, browser type and language, access times, pages visited, and operating system.
  • Mobile Device Information. We may collect information from any mobile device you use to access the Mental Speak Platform and Services, including device type and model, network provider, and unique device identifier.
  • Cookies and Similar Technologies. We may collect technologies such as “cookies,” “pixels,” and “widgets.”
    • Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as personalized advertisements on other websites. If you do not wish for Mental Speak to place and use cookies on your computer, you may modify and control how cookies are handled in your browser settings. If you choose to disable cookies, certain functions of the Mental Speak Platform and Services may not function correctly.
    • Pixels/Web Beacons (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the User’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
    • Social Media Widgets such as a share button to Facebook or Twitter may be on our Mental Speak Platform. These features may collect your IP address and what page you are visiting on the Mental Speak Platform. 
  • Google Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Data. 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 Services by going to tools.google.com/dlpage/gaoptout.

The Mental Speak Platform does not currently support Do Not Track, which is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. 

3. How We Use Your Information

We use, store, and process information, including Personal Data about you, to provide, understand, improve, and develop the Mental Speak Platform and Services.  This information is collected for the necessary purposes set out below:

  • To carry out our Services and obligations from any contracts entered between you and Mental Speak
  • To support our everyday operations, including meet risk, legal, and compliance requirements
  • Notify you of Service and subscription expirations and renewals
  • To provide customized, personalized content through our Mental Speak Platform and Services
  • Notify you about changes to our Mental Speak Services or policies
  • To allow you to participate in new features and Services on our Mental Speak Platform
  • To track your purchase history, suggest products, and to contact you for account and promotional purposes
  • To send email marketing notifications regarding new Services, features, and discounts
  • To facilitate the delivery of content or advertisements that we feel may be relevant to you
  • To communicate new or existing products or Services that we feel can help you
  • To conduct research and analysis to drive new services and innovations
  • For any other purpose with your consent
  • To detect and prevent fraud, to collect amounts owing to us and to maintain business records.

4. How We Share Information We Collect

Mental Speak customer information, User data, and Personal Data may be shared with certain third party companies for the purposes set forth below:

  • Mental Speak may sometimes need to share your Personal Data, User data, or customer information to help facilitate technical and administrative aspects of Mental Speak's Services (credit card processing, hosting, phone services, video services, marketing emails, citation building & management). Mental Speak will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personal Data on Mental Speak's behalf. We will also take reasonable steps to ensure that our third party service providers only use Personal Data to provide services on our behalf, and not for such third party service provider’s commercial or personal use. We will take reasonable steps to ensure that our third party service providers do not sell Personal Data. Notwithstanding the above, we cannot guarantee that such service providers will adhere to the contractual obligations or acceptable business practices.
  • The Mental Speak Platform may allow you to connect with other websites, products, or services that we do not have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you. We cannot speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
  • Mental Speak may release information when we believe it is necessary in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We will also share your Personal Data where we believe it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, or protecting the safety of any person, provided that such interest is not overridden by your interests or rights and freedoms requiring the protection of your Personal Data.
  • We may share de-identified aggregate information about our customers with advertisers and marketing partners.
  • A third party may use technology (e.g., a cookie) to collect information about your use of our website and other websites so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on the Mental Speak Platform, or on other websites.
  • We may disclose certain Personal Data while negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets. We may sell information and Personal Data with any successor to all or part of our business.
  • We may disclose Personal Data whenever you consent to the sharing. For example, when you participate in a phone call, video call, discussion forum, or chat room you should be aware that the information you provide there will be broadly available to others who have access to the phone call, video, call discussion forum, or chat room.

5. Sale of Personal Data

Mental Speak does not “sell” your Personal Data, namely, we do not allow marketing companies, advertisers, or anyone else to access Personal Data in exchange for payment. Except as described above, we do not allow any third parties access to any Personal Data we collect in the course of providing Services to Users.  We do not allow third parties to use any Personal Data obtained from us for their own purposes, unless it is with your consent (i.e., when you download a third party app for your personal use). Accordingly, we do not think most of our Users would see us as selling their information, as that practice is commonly understood.

That said, Mental Speak does use certain standard advertising tools which require Personal Data (i.e., Google Ads and Google Analytics). We use these tools to help us improve your advertising experience (such as serving advertisements on our behalf across the Internet, serving personalized ads on our website, and providing analytics services). Sharing Personal Data with the third party provider while using these tools may fall within the extremely broad definition of the “sale” of Personal Data under certain laws because those companies might use Personal Data for their own business purposes, as well as Mental Speak’s purposes. For example, Google may use this data to improve its advertising services for all companies who use their services. (It is important to note advertising programs have historically operated in this manner. It is only with the recent developments in data privacy laws that such activities fall within the definition of a “sale”). If you opt out of “sale” of your info, your Personal Data that may have been used for these activities will no longer be shared with third parties.

6. Your Choices

We do our best to give you reasonable controls over the Personal Data we process about you as set forth below. Depending on where you reside, you may be entitled to certain legal rights with respect to your Personal Data.

Here are the types of requests you may make to us related to Personal Data about you, subject to applicable laws, rules, or regulations:

  • Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
  • Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.

You can always unsubscribe from our commercial or promotional emails, but if you continue to use the Services, we may still send you transactional and relational emails about your use of the Services. If you receive promotional emails from a third party, you will need to separately opt out with them.

You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Mental Speak Platform and Services.

If you create an Account to use the Mental Speak Platform and Services, you may be asked to choose a password for your account, in which case your account information shall be protected by your password.  You should not disclose your password to any other person.  You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account.  You can access and update information in your account profile at any time by logging into the account with your login name and password.  Once you have logged in, you can update certain information such as your name, photo, email, password, billing information, and security preferences.

You can prevent your device from sharing location information at any time through your device’s operating system settings.

If you would like to terminate your account, please contact us through our customer support with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Mental Speak Platform, assist with any investigations, prevent fraud, enforce our Terms and Conditions, or take other actions as required or permitted by law.

7. California Residents

This section of the Privacy Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California, you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”).

In accordance with the CCPA, this Privacy Policy discloses:

  • what categories of Personal Data and the specific pieces of Personal Data we collect;
  • how that Personal Data is collected and how we use it;
  • the categories of Personal Data that are sold or shared with third parties;
  • the categories or types of third parties with whom we share Personal Data.

As a California resident you can request a list of the Personal Data we collected from you, a list of the Personal Data we have shared with third parties, and a list of the names of third parties with whom we have shared your Personal Data. You may make such a request twice per year at no charge to you.

You may also request that we do not sell or disclose your Personal Data to third parties. However, to provide you with most Services and the Mental Speak Platform we need to share certain aspects of your Personal Data with our third party service providers. Accordingly, such request may affect how you use and access the Services and Mental Speak Platform.

To make any of the foregoing requests, email us at [email] with the subject line “California Consumer Protection Act.”

8. EU General Data Protection Regulation

This section of the Privacy Policy applies only to any natural person who is a resident of the European Union (“EU”). As a resident of the EU, you have certain rights under the General Data Protection Regulation (“GDPR”).

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes:

  • As necessary to fulfill our responsibilities under our agreements with you (e.g., to provide Services);
  • As necessary to comply with our legal obligations (e.g., to prevent or detect fraud);
  • As necessary for our legitimate interests, including our interest in providing secure services and improving the Mental Speak Platform; and
  • Where you have consented to data processing or to receiving marketing communications, which may subsequently be withdrawn at any time.

You can choose not to provide us with information, even though it might be needed to facilitate the Services or to take advantage of such features as your full use of the Mental Speak Platform.

The nature of our business means that the Personal Data collected through our website and Services will be transferred to the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure.

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you may opt out by one of the following methods:

  • Selecting the "Unsubscribe" link in any promotional email
  • contacting us here: [email protected]

Even if you opt out of getting marketing messages, we may still send you transactional messages. These include responses to your questions.

If you receive promotional emails from a third party, you will need to separately opt out with them.

You can request access or correction to your Personal Data. You can request a copy of the Personal Data we hold about you and check that we are lawfully processing it or to request a rectification if it is not accurate, complete, or updated.

You can request erasure of your Personal Data. You can ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. We may postpone or deny your request if your Personal Data is in current use for which it was collected or for other legitimate purposes such as compliance with legal obligations.

You can object to and request restriction of processing of your Personal Data. You can ask us to suspend the processing of your Personal Data or you can object at any time on legitimate grounds to the processing of this personal information.

If you object to such processing, Mental Speak will no longer process your Personal Data for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

To make any of the foregoing requests, email us at [email] with the subject line “GDPR Request.”

For purposes of GDPR and similar data protection regimes, we generally act as a Data Controller, meaning we determine the purposes and means of processing your personal information.

9. Canada Personal Information Protection and Electronic Documents Act

This section of the Privacy Policy applies only to any natural person who is a resident of Canada. As a resident of Canada, you have certain rights under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

In accordance with the PIPEDA, this Privacy Policy discloses:

  • what categories of Personal Data and the specific pieces of Personal Data we collect;
  • how that Personal Data is collected and how we use it;
  • the categories of Personal Data that are sold or shared with third parties; and
  • the categories or types of third parties with whom we share Personal Data.

We will not use your Personal Data for any purpose outside the original scope set forth in this Privacy Policy, without your express consent.

In general, we keep your Personal Data throughout your relationship with us. You can request access or correction to your Personal Data. You can request a copy of the Personal Data we hold about you and check that we are lawfully processing it or to request a rectification if it is not accurate, complete, or updated.

You can also request erasure of your Personal Data. You can ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. We may postpone or deny your request if your Personal Data is in current use for which it was collected or for other legitimate purposes such as compliance with legal obligations.

To make any of the foregoing requests, email us at [email]with the subject line “PIPEDA Request.”

Once you terminate your relationship with us, we generally will continue to store archived copies of your Personal Data for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when we receive a valid erasure request.

We employ customary industry practices to protect any Personal Data you have provided through the Mental Speak Platform. However, no method of transmitting or storing electronic data is completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed or used by, or released to, unauthorized third parties or in a manner that is inconsistent with this policy.

You may opt out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative, Digital Advertising Alliance and Digital Advertising Alliance of Canada.

10. Children’s Privacy

We understand and share your concerns regarding your children’s access to Internet and the Internet’s access to your children. The Mental Speak Platform is not directed to children. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we do not knowingly request or accept Personal Data submitted to the Mental Speak Platform by any visitor under 13 years of age. If we become aware that an individual under age 13 has provided information to us through the Mental Speak Platform, we will make commercially reasonable efforts to delete such information from our databases.

11. Information Security

The nature of our business means that the Personal Data collected through our Mental Speak Platform and Services will be transferred to the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

We employ customary industry practices to protect any personal information you have provided through the Mental Speak Platform. However, no method of transmitting or storing electronic data is completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed or used by, or released to, unauthorized third parties or in a manner that is inconsistent with this policy.

12. Miscellaneous

Mental Speak reserves the right, at its sole discretion, to alter this Privacy Policy at any time without prior notice to you or any User, including to comply with privacy laws, regulations, and/or our own or industry standards, business practices, or otherwise.  We encourage you to review this Privacy Policy each time you access or use the Mental Speak Platform or Services.  Your use of the Mental Speak Platform or Services at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and any change made to this Privacy Policy.

We take reasonable precautions to protect the privacy, accuracy, and reliability of any information you provide and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction.  Personal Data is stored within databases that are controlled by us or by our service providers.  As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information.  However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.  As a result, you transmit any information to or from the Mental Speak Platform and Services at your own risk.

This Privacy Policy shall be governed by the laws of the State of Colorado, without regard to conflicts of law principles.  Any action relating to this Privacy Policy must be filed and maintained in a state or federal court of competent jurisdiction located in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts for such purpose.  Mental Speak makes no representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

Disputes regarding this Privacy Policy are governed by the Arbitration clause in our Terms and Conditions. These provisions will, with limited exception, require you to submit claims you have against Mental Speak to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

If you have any questions or comments about this Privacy Policy or our privacy practices, or to report any violations of this Privacy Policy or abuse of the Mental Speak Platform or the Services, please contact us by mail or email at the following:

Attn: Privacy Concerns

Address: 9900 Spectrum Ave. Austin, TX 78717

E-mail: [email protected]