Privacy Policy | Tendermind

Last updated: January 22, 2022

Tendermind Ltd. (the “Company”, and also in this policy "We", "Us", "Our") offers, through Tendermind’s website and applications (“Tendermind”) a system that enables parents, caregivers, educators, therapists and others responsible for or working with people with special needs to organize the daily routines, schedules, and tasks of the person with special needs under their care as well as assist them with managing unplanned schedule changes and transitions between activities . From time to time, we may add additional features. We also provide various support and service activities related to Tendermind (“Services”).

This Privacy Policy is intended to explain how we collect, use and otherwise process information collected from users, whether these are Tendermind end-users, namely the person with special needs ("End-User"), Tendermind account owners, namely the parent, caregiver, or other person who sets up the account and administers it (“Owner”), admins, namely account users given account administrative permissions by the Owner (“Admin”) or creators, namely account users given data editing permission by the Owner or by an Admin (“Creator”) (End-User, Owner, Admin, Creator, collectively "User/s"; and also "You" and “Your”) through Tendermind and during the provision of Services. This policy is a part of Tendermind Terms of Use (the "Terms") and is incorporated therein. Capitalized terms used in this Policy but not defined herein are defined in the Terms.

By accessing or using Tendermind You are representing that You are of legal age in Your place of residency and that You are legally competent to be legally bound by the Terms and Privacy Policy. In case You don’t meet the abovementioned conditions, You must have Your parent’s or legal guardian’s permission to access and use Tendermind.

If you are a parent or legal guardian, and you allow your child or person under your legal authority to register to, access and use Tendermind, then these Terms and Privacy Policy apply to You and You are responsible for Your child’s or person under Your legal authority’s activity on Tendermind.

Data privacy is important to us. This means that we process data with due care, while adopting and combining industry standard data collection, storage, and processing practices with security measures to protect against unauthorized access, alteration, disclosure, or destruction of a User's personal information and always in accordance with applicable data protection laws.

By using Tendermind, You agree to the collection and use of information in accordance with this Privacy Policy.

1. Interpretation and Definitions

1.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following clauses. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2. Definitions

For the purposes of this Privacy Policy:

1.2.1. “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
1.2.2. “Device” means any device that can access Tendermind such as a computer, a cellphone, a smart watch, a digital tablet.
1.2.3. “Do Not Track (DNT)” is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
1.2.4. “Personal Data” is any information that relates to an identified or identifiable individual.
For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to Your physical, physiological, genetic, mental, economic, cultural, or social identity.
1.2.5. “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate Tendermind and/or the Services, to provide the services on behalf of the Company, to perform services related to Tendermind and/or the Services or to assist the Company in analyzing how Tendermind and/or the Services are used.
1.2.6. “Tendermind” also includes any forms created by Company and which may be sent directly to You by email or other forms of communication or may be otherwise published or advertised on social media or third-party websites and communication channels.
1.2.7. “Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.
1.2.8. “Usage Data” refers to data collected automatically, either generated by the use of Tendermind or Services or from Tendermind or Services infrastructure itself (for example, the duration of a page visit).
1.2.9. “Website” refers to Tendermind’s Website, accessible from www.tendermind.ai

2. Types of Data Collected

2.1. We may collect different categories of personal information depending on your activities on Tendermind and depending also on whether you are an End-User, an Owner, an Admin, or a Creator:

2.2. When using Tendermind:

2.2.1. When You setup an Account and register to Tendermind as an Owner – at a minimum your name, an email address and chosen password. Additional optional information may be collected such as country and/or state of residence.
2.2.2. When You register an End-User – details about the End-User including name and optionally gender, age, disability, and a photo.
2.2.3. When You are nominated to be an Admin or a Creator - your email address, and when You accept the nomination – your name and chosen password.
2.2.4. When you use Tendermind – content and data entries, including, but not limited to, End-User schedule information and tasks. Some of this data may be inserted in the form of free text. We strongly advise you not to include any payment data in such content (i.e. credit card numbers).

2.3. When you interact with us outside Tendermind, we may also collect details of other interactions that you have with us, together with any other information that you choose to provide us with, for example, through your interactions with our customer and technical support teams, and through forms and surveys that we send out from time to time.

2.4. We also anonymize and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving Tendermind, and developing new products and services. Such anonymized information includes, but is not limited to, technical information transmitted by User's device regarding the hardware specifications (e.g. operating system type, version and device) and language preferences, as well as User's country.

2.5. You are not obligated to provide us with any of the above information under any applicable law. However, we may not be able to operate Tendermind and/or provide you with the Services or part of them, as applicable, if you do not agree, or if you withdraw your consent, or request to object to our processing of these data items. Therefore, if you do not agree to Us collecting the above Personal Data, please do not use Tendermind or Services.

2.6. Usage Data

2.6.1. Usage Data is collected automatically when using Tendermind and the Services.
2.6.2. Usage Data may include information such as Your Device's Internet Protocol address, browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

2.6.3. When You access the Services by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

2.6.4. We may also collect information that Your browser sends whenever You visit the Website or use our Services or when You access Tendermind by or through a mobile or other device.

3. Tracking Technologies and Cookies

3.1. We use Cookies and similar tracking technologies to track the activity on Tendermind’s website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Tendermind and Our Services. The technologies We use may include:

3.1.1. Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Tendermind or our Services. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

3.1.2. Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

3.2. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: All About Cookies

We use both Session and Persistent Cookies for the purposes set out below:

3.2.1. Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us and / or a Service Provider
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

3.2.2. Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us and / or a Service Provider
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

3.2.3. Functionality Cookies
Type: Persistent Cookies
Administered by: Us and / or a Service Provider
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

3.2.4. Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the
Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

4. How We Collect Your Information

4.1. We collect Personal Data Directly: from Users, whether End User, Owner, Admin, Creator - when they register on Tendermind and through their continuous use of Tendermind and through surveys we publish from time to time.

4.2. Indirectly: through Your use of the Application and Services.

5. Use of Your Personal Data

The Company may use Personal Data for the following purposes:

5.1. To provide and maintain our Services and Tendermind. We use all of the above Personal Data to operate, maintain, and provide to you the Tendermind features and functionality and to provide You with the Services as requested by You.

5.2. To manage Your Account: to manage Your registration as a User. The Personal Data You provide can give You access to different functionalities of Tendermind that are available to You as a registered User.

5.3. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications with regards to your operation of Tendermind (e.g., account verification, notify you of changes/updates to features, credentials change, technical and security notices), as well as to send you marketing communications (please see more details regarding this under “Marketing Messages”).

5.4. To manage Your requests. We may use the above information to respond to Your requests and messages, including with respect to Your rights as data subject, as well as to initiate contact with You on issues related to Tendermind or Services or support and maintenance issues.

5.5. We may use the information You provide to Us to prevent, detect and fight fraud or other illegal or unauthorized activities

5.6. We use anonymized, aggregate data, to gain insight on how You and other Users use Tendermind and Services and try and improve Tendermind and Service, as well as to plan our marketing and advertisements.

5.7. To ensure legal compliance – from Our side (to legal requirements that apply to Us and to Our obligations) and from Your side (Compliance with laws applicable to You)

5.8. We limit access by Our employees to Your information only to those who were specifically authorized by Company to access Your information, as part of their job description.

5.9. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

6. Our Legal Bases for Processing

With respect to such activities we will conduct as controllers, we will only process your personal information where we have a legal basis to do so.

The following are the legal bases under which we process Your information in the manners specified above:

6.1.1. Performance of a contract to which Company and You, the data subject, are parties. Many of the uses described above are actions that involve processing of your information to meet our undertakings to You and respond to Your requests and indications within Tendermind and the Services.
6.1.2. Legitimate interests: We may use Your information where We or Our customers have legitimate interests to do so. For instance, We analyze users’ behavior on Tendermind and Our Services to continuously improve Our offerings, and We process information for administrative, fraud detection and other legal purposes.
6.1.3. Consent: some of the information You provide is based on Your consent and will to provide it. In addition, We may ask you from time to time, through the Service or Tendermind interface, to provide Your consent for specific uses (for example, to add You to Our newsletter or send marketing communications to You in case We have never had any commercial relations regarding the products or services subject matter of such communication).

7. How we Share Your Personal Data

7.1. No Sale to Third Parties. We do not, and will not, sell any of Your Personal Data to any third party for advertising, marketing or any other purpose – including your name, address, email address or credit card information. We want to earn and maintain your trust, and We believe this is absolutely essential in order to do that.

7.2. Service Providers: We employ other companies and people to perform tasks on Our behalf and need to share your information with them in order to provide the Services. The categories of third-party recipients of Personal Data from us are as follows:

Cloud and Application Services – Google Cloud and Firebase, Microsoft Azure
Analytics tools providers – Google Analytics, Wix Analytics
Email campaign automations –Wix, Sendinblue
Automation platforms - Google Forms, Airtable
Website Hosting - Wix

The Service Providers We use do not have any right to use, Your Personal Information collected from Our Services beyond what is necessary for the purpose of facilitating Our provision of Tendermind and Services.

7.3. Compliance with the Law: We may disclose Your information if we believe it’s necessary in order to comply with the law, such as to comply with a subpoena, regulation or legal request, respond to a government request, to address fraud or security issues, to protect the safety of any person, to enforce our agreements with You; to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing or to protect our own rights or property. If You are located in the EU, We may only do so based on legal requirements specified above of EU authorities. This includes sharing such information with our legal counsels.

7.4. Business Transfers: If We are in a bankruptcy, merger, acquisition, reorganization or sale of assets, Your information may be transferred as part of that transaction to a successor in interest and to the applicable legal authorities as well as legal counsels and other professional counsels involved such as accountants, and other officers of the government or of the applicable judiciary instance.

7.5. Anonymized Information: We may provide third parties (for their needs, including advertising and tracking) with aggregated but anonymized information and analytics about Our customers however, before we do so, we will make sure that it does not identify You.

7.6. With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

7.7. With Your consent: We may disclose Your personal information for any other purpose with Your consent.

8. Transfer of Your Personal Data

8.1. Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the Service Providers involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those in Your jurisdiction.

8.2. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
8.3. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

9. Retention of Your Personal Data

9.1. The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We take reasonable steps to delete the personal information we collect if Your registration to use Tendermind lapses, if You opt out of receiving further communications from Us, or if You ask Us to delete Your information. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.
9.2. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. We may also retain and use anonymous and aggregated information for performance reporting and analytic purposes and for product and service improvement.
You can request that your Personal Information be deleted by contacting Us at deletedata@tendermind.ai

10. Marketing Messages

10.1. If You have said We can, We will send You marketing messages by email to keep You aware of what We are up to and to help You see and find Our products and services.

10.2. You can stop receiving marketing messages from Us at any time. You can do this by clicking on the ‘unsubscribe’ link in any email, or by contacting Us at unsubscribe@tendermind.ai

11. Your Rights as a Data Subject

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
Each Data Subject has a few rights relating to their Personal Data held or processed by us:

11.1. The right to be informed about how Your Personal Data is being used.

11.2. The right to access the Personal Data We hold about You.

11.3. The right to request the correction of inaccurate Personal Data We hold about You.

11.4. In some circumstances, the right to request that We delete Your data

11.5. The right to Restrict processing Your Personal Data

11.6. The right to object to processing activities, if the processing is based on Our legitimate interest;

11.7. The rights to withdraw consent at any time, if the processing is based on consent

11.8. The right to object to processing of Personal Data for direct marketing purposes

11.9. In some circumstances, the right to request that we transfer or port elements of Your data either to You or another service provider – if the processing is based on Your consent, and is made by automated means.

11.10. The right to file a complaint with Your Supervisory Authority.

12. Exercising of Your Data Protection Rights

12.1. You may exercise Your rights by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
12.2. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA and if You are in the United Kingdom to the equivalent authority.

13. "Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

14. Your California Privacy Rights (California's Shine the Light law)

14.1. Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
14.2. If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

15. California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

15.1. California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
15.2. To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
15.3. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

16. Links to Other Websites

16.1. Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
16.2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

17. Changes to this Privacy Policy

17.1. We may update Our Privacy Policy from time to time, to reflect how We are processing Your data, including following any regulatory changes or Our internal policies. We will notify You of any changes by posting the new Privacy Policy on this page.
17.2. We will let You know via email and/or a prominent notice on Tendermind, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
17.3. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

18. Contact Us

If You have any questions about this Privacy Policy or any other concerns, You can contact us:

By email: privacy@tendermind.ai