Privacy Policy

Clearmind, Inc. (“us,” “we,” or “Clearmind”) owns and operates the website available at www.Clearmindnow.com (the “Site”), the Clearmind Mobile Application (the “Mobile App”), and the related services (collectively with the Site and Mobile App, the “Services”). We have developed this Privacy Policy to inform our users (“user(s),” “you,” or “your”) about how we collect information in the course of providing our Services and conducting our business, how we use the collected information, and your rights with respect to any information we collect. For clarity, this Privacy Policy is only applicable to our Services, and not to any other website, applications, or services that you may be able to access therefrom, each of which may have different data collection and use practices. Please consult the policies of those websites to understand your data privacy rights on those websites.

We ask that you read this Privacy Policy carefully. If you do not agree to be bound by this Privacy Policy, then do not access or use the Services. By accessing and/or using the Services, you accept and agree to be bound by this Privacy Policy. This Privacy Policy is incorporated into our Terms of Use (https://Clearmindnow.com/terms-of-use). Your use of our Services and any Personal Information you provide through the Services are subject to this Privacy Policy at all times.

If you have any questions about this Privacy Policy, please contact us at security@Clearmindnow.com or at the contact information below. We want you to have confidence as you visit and use the Site and Services, and we are happy to respond to any inquiries you might have.

When you use the Services, we collect the following types of Information:

a. Non-Personal Information

“Non-Personal Information” means information that does not directly, personally identify you, but provides insights regarding your use of the Site. For example, we collect information about your use of the Site, including but not limited to your IP address, online behavior, Internet connections, mobile, or other device computer equipment, sites or other destinations visited before and after using or accessing the Services, date/time stamps, the time of your visits, content viewed, ads viewed, and other similar information about traffic and usage, as you navigate to, through, and away from our Site, including other clickstream data.

b. Personal Information

“Non-Personal Information” means information that does not directly, personally identify you, but provides insights regarding your use of the Site. For example, we collect information about your use of the Site, including but not limited to your IP address, online behavior, Internet connections, mobile, or other device computer equipment, sites or other destinations visited before and after using or accessing the Services, date/time stamps, the time of your visits, content viewed, ads viewed, and other similar information about traffic and usage, as you navigate to, through, and away from our Site, including other clickstream data.

In addition, the following information may be collected:

• Personal health information, activity tracking, mood tracking, personal thoughts, audio clips, written comments, data, text, and photographs;
• Information from your recovery program, which may include health information, such as recovery program name and dates of treatment, but not psychotherapy notes;
• Information related to at-home laboratory tests including the test results, including video and photographs; and
• Information that is disclosed, shared, or posted among and between you, your recovery program, and your support team.

Furthermore, if you choose to make a payment or purchase on or through features on the Service(s), you may be required to provide your Personal Information to third parties for services such as credit card or other payment processing, and address verification. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. You agree that we are not responsible for third parties’ processing of your information.

In some jurisdictions, such as certain states within the United States, an IP address may be considered Non-Personal Information. In other jurisdictions, an IP address is considered Personal Information under applicable data protection laws. If this is the case, we process IP addresses for the same purposes as Personal Information under this Privacy Policy.

You may be given the option to receive push notifications while using our Services. In order to serve push notifications, we may need to collect your IP address and a persistent identifier from your device. You can turn off push notifications in your device settings.

Personal Information and Non-Personal Information are collectively referenced as “Information.”

c. Geolocation Information

You may choose to allow us to access your location by granting the Services access to your location when prompted or through your device’s location services settings. You may change these settings on your device.

d. Third-Party Social Networking Service(s).

If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Services, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. For example, some social networking services allow you to push content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site. Some social networking services also will facilitate registration or enhance or personalize your experience on our Services. Your decision to use a social networking service in connection with our Services is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking sites/services.

We collect Personal Information and Non-Personal Information about you from a number of sources, as described in greater detail below.

a. From You

When you register to use our Services and use our Services, perform virtual at-home drug screening,  complete online forms, enter a sweepstakes or contest, complete a survey, make a payment or purchase, request to receive information or support, or communicate with our representatives, whether through standard mail, email, or telephone, you may provide your information to us.

b. From Third-Parties

We may obtain Information, including Personal Information, from third parties and sources other than the Services, such as your Provider, Support Team, our advertisers, data partners, and service providers. If we combine or associate information from other sources with Personal Information that we collect through the Services, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

c. Cookies and Other Technology

We also use “cookies” to enhance your use of our Services.  A cookie is information either temporarily or permanently stored in a file on your computer.  You can set your browser to reject cookies, but that may limit your use of some convenient features of our Service(s).  For more information on cookies and how our Services use cookies, please see our Cookie Policy https://Clearmindnow.com/cookie-policy

We use Non-Personal Information collected by cookies, web beacons, and other Internet tracking technology to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available through the Services, and otherwise help administer and improve the Services.

We may identify you from your Personal Information. Upon registration in the App, we use your facial image to create Facial Data which is used to verify your identity during subsequent uses of our App.  The  Facial Data is not shared and is deleted upon your termination of the service. Except as otherwise stated, we may use Information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to the following:

• To fulfill or meet the reason you provided the Personal Information. For example, if you share your name and contact information to ask a question about our Services, we will use that Personal Information to respond to your inquiry; and if you share Personal Information about your drug use or abstinence, we will use that Personal Information to assess such use or abstinence in connection with the Services.
• To establish and secure accounts to use the Services, check on your account status, and to validate your username, e-mail, password, and/or other login credentials.
• To communicate with your supporters, monitoring partners, and other third parties with whom you have expressly authorized us to share your Personal Information;
• To provide, support, personalize, and develop our Services, including without limitation, to conduct aggregate or research analysis and develop business intelligence that helps us to enhance, improve, evaluate, operate, protect, make informed decisions about, and report on the performance of our Services.
• To provide advertising and marketing, including to deliver target and interest-based advertisements through the Services and to improve our advertising and marketing services.
• To communicate information and promotional materials to you, where you have not expressed a preference otherwise, and to send you information and updates about the Services and any changes to relevant agreements, policies, or other terms, and to enforce such terms.
• To work with our service providers, who perform certain business functions or services on our behalf.
• To prevent or investigate fraud, or for risk management purposes, and to help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.
• To comply with legal obligations, court orders, or in order to exercise any legal claim or to defend against any legal claim.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.
• As otherwise described to you when collecting your Personal Information.

In addition, we may use third‐party e‐mail providers to deliver communications to you. This is an opt-in e-mail program. If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications through the “unsubscribe” link or by contacting us at   security@Clearmindnow.com.

We may, from time to time, invite you to participate in online or in-App surveys. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and Services. The information collected by these surveys is used to research market trends, company growth, community needs, etc. Your input will help us to improve customer experience and shape development of our products and Services.

We do not currently sell or rent your Personal Information to marketers or unaffiliated third parties. We may share your Personal Information with the following parties:

• Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities, which are required to treat the information in accordance with this Privacy Policy and to use the information only for the purposes described in this Privacy Policy;
• Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf. While we may seek to require such third parties to follow appropriate privacy policies and to prohibit them from using your Personal Data except for the express purpose for which it is provided, you agree that we do not bear any responsibility for any actions or policies of third parties. A list of these third parties is available upon request;
• Authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize your Provider or a person for purposes of participating in your Support Team. The use of your Information by an authorized third party is subject to the third party’s privacy policy, and we are not responsible for any misuse by them of your Information;
• Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy;
• As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; and
• Pursuant to your express consent.

WE ARE NOT A HEALTHCARE PROVIDER OR REGULATED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OR 42 CFR PART 2 EXCEPT WHEN OUR SERVICES ARE OFFERED THROUGH YOUR HEALTHCARE OR ADDICTION TREATMENT PROVIDER AND THEN ARE SUBJECT TO AN AGREEMENT BETWEEN US AND YOUR PROVIDER  YOU MAY UPLOAD OR AUTHORIZE YOUR PROVIDER TO UPLOAD MEDICAL RECORDS RELATED TO YOUR CARE; HOWEVER, SERVICES ARE NOT INTENDED TO OPERATE AS OR SUPPLY A PERSONAL HEALTH RECORD AS DEFINED BY THE FEDERAL TRADE COMMISSION.

Your use of the Services includes voluntary disclosure of personal information among and between you, your Support Team, others authorized by you, and/or your recovery program pursuant to your access permissions.  We have no ability to monitor the use or subsequent disclosure of your personal information by those authorized you to access your information and which is done in a manner that circumvents our reasonable Security safeguards. You set and control permissions regarding the level of access permitted your Support Team and others and may revoke such permissions at any time.

The Mobile App is designed to share information only as permitted by you.  If you have established public permissions, your information may be viewed by others using the Mobile App whether or not you have expressly authorized disclosure to those individual users. There are other circumstances in which your selection of settings authorizes disclosure of your information to others.  You may choose to share information with your Support Team or recovery program, including non-clinical staff.  This information may include but is not limited to goals, milestones, days of sobriety, emotional state, activity and need for immediate attention and will be able to be viewed by all authorized to access your information.

We take reasonable steps online and offline to safeguard the Personal Information that you provide to us, including: [1]

• Secure Sockets Layer (SSL)
  • SSL/TSL are protocols for establishing authenticated and encrypted links between networked computers.
• Encrypted Connections (HTTPS)
  • Hypertext Transfer Protocol is used for secure communication over a computer network and widely used on the internet. The main motivations for utilizing HTTPs are authentication of the accessed website and the protection of privacy and integrity of the exchanged data while in transit.
• FIPS 140-2 Compliant Encryption of all Data at Rest
  • FIPS 140-2 is an information technology security accreditation program for validating the cryptographic modules produced by private sector companies meet well-defined security standards.

While we endeavor to protect your Information, it is common knowledge that transmission of information via the internet is not wholly secure, and we cannot guarantee the security of your Personal Information, or any other information, transmitted to or through our Site or Service. Any transmission of Personal Information, or other information, is at your own risk. By using our Site and/or Service, you acknowledge and accept these risks.

If you have any questions about security on our Services, or if you become aware of any unauthorized use of an account, loss of your account credentials, or suspect a security breach, notify us immediately via email at security@clearlee.com. If our security system is breached, we will notify you of the breach to the extent required under applicable law.

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Site or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to security@clearlee.com.

The Site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. Such links do not constitute an endorsement by us of those other websites, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.

We do not sell products or services for purchase by anyone under the age of thirteen (13).  In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Information from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

We reserve the right to modify and update this Privacy Policy at any time by posting an amended version of the statement on our Site. Please refer to this Privacy Policy regularly. If at any time we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you either on the panel home page of our Site or via e-mail.

Because protecting your privacy is important to us, you may always submit concerns regarding our Privacy Policy on the contact us page. We will attempt to respond to all reasonable concerns and inquiries expeditiously.

If you have any questions or comments about our Privacy Policy, please contact us at: