Privacy Policy

Effective Date: February 2025

We, Mindbay, are committed to protecting privacy of Users of the Mindbay application (hereinafter the “Services”).

This Privacy Policy describes the types of personal data we collect and how we use such data. This Privacy Policy is part of our General Terms and Conditions and applies to our Services. Therefore, please make sure that You read and understand our Privacy Policy, as well as the General Terms and Conditions.

By using Mindbay Services, You hereby warrant and represent that (i) You have read, understand and agree to this Privacy Policy, (ii) You are over 17 years of age. If You do not accept the terms set forth in this Privacy Policy and the consents associated therewith, please do not use our Services.

1. Information We Collect

We may collect the following types of information when You use the Mindbay App:

a. Information You Provide to Us:

Personal Information: Name, email address and image.
User Content: Any data or content You upload or submit through the App.

b. Information We Collect Automatically:

Usage Data: Details of your interaction with the App, including access times and session durations.

2. Purpose and Legal Basis for Processing

We process your personal data for the following purposes and under the corresponding legal bases:

To setup account, provide and improve the App: Processing is necessary for the performance of a contract (Art. 6(1)(b) GDPR). We process your image based on your consent (Art. 6(1)(a) GDPR.
To comply with legal obligations: Processing is necessary for compliance with a legal obligation (Art. 6(1)(c) GDPR).
To protect our legitimate interests: For purposes such as communicating with You and maintaining App, including App Users’ security (Art. 6(1)(f) GDPR).

3. How We Share Your Information

We may share your information:

Legal Requirements: If required by law or in response to legal processes.
Business Partners: In case of partnerships with other companies or data analysis services. In the event of sharing your personal data with Business Partners, We will inform You properly and ensure that these parties are bound with us by data processing agreements in accordance with Art. 28 GDPR.
Business Transfers: In connection with a merger, sale, or transfer of assets.

4. International Data Transfers

Your personal data will not be transferred to, stored, and processed outside the European Economic Area (EEA). However, if such transfers occur, We will inform You properly and ensure that adequate safeguards are in place, such as Standard Contractual Clauses or other legal mechanisms in compliance with GDPR requirements.

5. Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. Once the retention period expires, your data will be deleted or anonymized.

6. Your Rights Under GDPR

Under GDPR, You have the following rights regarding your personal data:

Access: Request access to the personal data We hold about You (Art. 15 GDPR).
Rectification: Request corrections to your personal data (Art. 16 GDPR).
Erasure: Request the deletion of your personal data (Art. 17 GDPR).
Restriction: Request to restrict how We process your personal data (Art. 18 GDPR).
Data Portability: Request a copy of your data in a machine-readable format (Art. 20 GDPR).
Objection: Object to the processing of your personal data (Art. 21 GDPR).
Withdraw Consent: If processing is based on your consent, You may withdraw it at any time without affecting the lawfulness of processing based on consent before its withdrawal (Art. 7(3) GDPR).

To exercise these rights, contact us at legal@mindbay.app.

You also have the right to lodge a complaint with a data protection authority. As a rule, You can contact the data protection authority of your usual place of residence or work or our headquarters for this purpose (Art. 77 GDPR).

7. Provision of Personal Data

Provision of personal data is necessary to use Mindbay Services. Personal data is collected by us only if You provide such data to us on your own initiative by choosing to use our Services. To be able to use our Services, You must register your account with us.

8. Automated Decision-Making

Your personal data is not subject to automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR.

9. Security of Your Information

We implement appropriate technical and organizational measures to protect your personal information (e.g., passwords are stored on servers in an encrypted form, preventing them from being retrieved in their original form) in accordance with Art. 32 GDPR. If You would like to learn more about the technical and organizational measures We have in place, please contact us at legal@mindbay.app.

10. Changes to This Privacy Policy

We may need to update this Privacy Policy, for example, if We add new functions or services to the App. We will however notify You of any changes and ask that You read and accept such changes. Continued use of the App after acceptance of the updates constitutes your acceptance of the revised Privacy Policy.

11. Contact Us

To raise any privacy concerns or queries about data compliance, please contact us at any time by e-mail at: legal@mindbay.app