Mindfly Labs UG (“Company” or “We”) respects and protects your privacy, committing to this policy's guidelines. Our Privacy Policy may be updated from time to time. Should there be any changes, we will indicate this by updating the date at the top of the policy, and we may also provide extra notice (such as a message on our website's homepage or a notification). We recommend that you review our Privacy Policy frequently, especially when you use our Services or engage with us, to keep updated about our information handling practices and the options available to you.

This policy details the types of information we may gather from you or that you might provide when visiting the website https://www.one-breath.app/  (our “website”) and our mobile application onebreath ("app", and our methods for collecting, utilizing, preserving, protecting, and revealing that information. This website policy does not apply to

This policy applies to information we collect: On this Website, in email, text, and other electronic messages between you and this Website, through mobile and desktop applications you download from this Website, and when you interact with our advertising and applications on third-party websites and services. It does not apply to information collected by us offline or through any other means, or on any other website operated by the Company or any third party, including through any application or content that may link to or be accessible from the Website.

Information We Collect

• Personal Identification Information: We collect information such as your name, postal address, email address as well as any other information that qualifies as personal or personally identifiable under applicable laws.

• Characteristic Information: This includes details like your gender, marital status, nationality, and country of origin.

• Commercial Information: We gather data about your purchase history.

• Geolocation Data: We collect your geolocation data for service enhancement and personalization.

• Anonymous and Non-Identifying Information: This covers information about you that does not directly identify you.

• Internet and Device Usage Information: We collect information regarding your internet connection, the devices you use to access our website, and your usage details.

While we generally do not collect "highly sensitive" personal information such as biometric data, financial account details, or government-issued identification numbers, there may be instances where collecting such information is necessary to provide certain services.

Methods of Information Collection:

• Directly from You: We collect information that you provide through forms on our website or through direct communication with us.

• ‍Automatically During Website Use: As you use our site, we automatically gather data including usage patterns and IP addresses, using cookies and other tracking technologies.

• ‍Through Third Parties: We may receive information about you from business partners and other sources.

We are committed to protecting your privacy and ensuring that our data collection, use, and processing comply with relevant laws and regulations.

Information Provided by Users
In your interactions with our website, you might provide us with various types of information, including:

• Feedback and Reports: Information you offer when you report issues or provide feedback on our website.

• Contest and Promotion Entries: Information you provide if you participate in our contests or promotions.

• Automatically Collected Personal Information: Our service automatically collects certain data, which may include device details (make, model, settings, specifications), geographic location, as well as browsing data like date/time stamps, IP addresses, page visits, and interactions on our website. This collection occurs even when you are not actively using the service.

• Transaction Details: Records of your transactions on our website, including any financial information you might provide for order processing.

• Social Network Integration: If you connect with third-party social networking services, we may receive personal information made available by these platforms. We handle this information with the same level of privacy and security as all other user data.

• Correspondence Records: Copies of your communications with us, including email addresses.

• Form Data: When you fill out forms on our site, such as during registration, service subscription, product purchases, or service requests.

• Survey Responses: Your answers to surveys we might conduct for research purposes.

• User Contributions: Any information or content you post publicly on our website or transmit to other users or third parties. We emphasize that such contributions are made at your risk, and we cannot guarantee their privacy.

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Our commitment to your privacy and data security remains paramount, and we ensure all collected information is handled in compliance with relevant data protection regulations.

Automated Data Collection on our Website and Mobile App
As users navigate and interact with our site and mobile app, we employ automated data collection technologies to gather specific information, including:

• Visit and App Usage Details: This includes data about your website visits and mobile app usage, such as traffic data, location information, logs, redemption data, other communication data, and the resources you access and use on both platforms.

• Device and Connection Information: We collect details about your computer, mobile device, and internet connection, encompassing your IP address, operating system, browser type, and mobile device identifiers.

• Behavioral Tracking: Our technologies enable us to track your online activities over time and across third-party websites or online services, as well as how you interact with our mobile app. Please note that opting out of this behavioral tracking on our website and app is not available.

The automatically collected data is primarily statistical, but it can include personal information. We might link this data to the personal information we collect directly from you or receive from third parties. This process aids us in enhancing our website and mobile app, offering a more personalized service by:

• Audience and Usage Analysis: Estimating our audience size and understanding usage patterns across the website and app.

• Preference Storage: Recording your preferences to tailor our website and mobile app to your individual interests.

• User Recognition: Identifying you upon return visits to our website and when you use our mobile app.

The technologies we utilize for this automatic data collection include:

• Cookies and Mobile Identifiers: Small files placed on your computer's hard drive or mobile device. You can set your browser and mobile device to refuse cookies or similar identifiers, but this may limit your access to some parts of our website and app functionality.

• Flash Cookies: Used for collecting and storing information about your preferences and navigation on our website. These are not managed by standard browser cookie settings.

• Web Beacons and SDKs in the App: Small electronic files on our website and within our mobile app, allowing us to count users who have visited specific pages or used certain features, among other statistical data.

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Our commitment is to respect user privacy while enhancing user experience and service delivery through these technologies on both our website and mobile app.

Third-Party Access to User Information

• Engagement with Service Providers: Access to your personal information is granted to service providers who execute specific functions on our behalf. Their access is confined to what is essential for delivering their services. These include, but are not limited to, support in technical operations, conducting market research, managing community interactions, handling e-commerce activities, aiding in personal and job searches, and providing advertising-related services. Our commitment is to select service providers who respect privacy norms. However, we cannot be held accountable for the policies and practices of these independent third parties.

• Interactions with Third-Party Businesses: There are instances where third-party businesses, involved in parts of our service, might use your personal information under their own privacy protocols. While we strive to influence these businesses to uphold strong privacy standards, their specific actions and policies fall outside our realm of responsibility.

• Sharing with Affiliates and Advisors: Your personal data is shared within our network of subsidiaries, affiliates, and with our professional advisors like legal consultants, accountants, and others, all within the framework of the purposes outlined in this section.

• Categories of External Recipients: For transparency, we disclose personal information to several external groups, namely: Designated Service Providers, External Business Partners, Affiliated Entities, Governmental and Legal Authorities

In all these interactions, we uphold our commitment to data protection, ensuring that your personal information is treated with the utmost care and security in line with applicable privacy regulations.
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Usage of Cookies and Tracking Technologies by External Entities

• Third-Party Content and Advertisements: Our website features content and advertisements provided by external entities, including ad networks, content servers, and application providers. These parties may employ cookies, web beacons, and other tracking technologies to gather information about your activity on our site. This data collection might include personal information or track your online behavior over time and across various websites and digital services. The purpose is often to offer interest-based advertising or other targeted content tailored to your preferences.

• Autonomy of Third-Party Tracking: We do not have control over these third parties’ tracking methods or their usage. If you have concerns about targeted advertisements or content, you should reach out to the respective providers directly. For opting out of targeted advertising from numerous sources, refer to our guidelines on how we use and disclose information.

Handling of Third-Party Payment Processing
Payment Processor Engagement: For secure processing of payment transactions, we partner with third-party payment processors. When you make payments using a credit card, your payment details are encrypted and sent directly to the payment processor. We do not retain your payment information on our systems and have no control over, nor bear responsibility for, the practices of these payment processors regarding your information. You can learn more about how they manage and protect your payment information by reviewing their privacy policies.

Utilization of Your Data
‍We employ the information we gather from you, which includes personal details, for various purposes:

• ‍Website Presentation: Showcasing our website and its content effectively to you.

• Service Provision: Delivering information, products, or services as per your request.

• Fulfilling Provided Purposes: Addressing any specific purposes for which you provided the information.

• ‍Account Notifications: Sending you updates and notices concerning your account.

• ‍Contractual Obligations and Rights: Managing our duties and enforcing our rights under contracts established with you, including for billing and collection purposes.

• ‍Updates and Changes: Informing you about modifications to our website, products, or services.

• ‍Interactive Features: Facilitating your participation in interactive aspects of our website.

• ‍Specific Descriptions: Using your data in any manner we specify at the time of collection.

• Consent-Based Usage: Employing your information for any other purposes for which you give consent.

Additionally, we may leverage your information to reach out regarding goods and services offered by us or third parties that might interest you. Should you prefer not to have your information used this way, you can modify your user preferences in your account profile. For more details, please refer to our policies on the use and disclosure of information.We also utilize the information collected from you to display targeted advertisements from our advertisers. While we do not reveal your personal information for these purposes without your consent, your interaction with an advertisement may lead advertisers to infer that you fall within their desired audience.

Data Retention and Disclosure Policy Adaptation

• Data Retention: We store personal data only as long as necessary for the purposes it was collected, or as required by law. This ensures both compliance and data efficiency.

• Disclosure of Information: We may disclose non-identifiable, aggregated user information freely. Personal information, however, is disclosed under these circumstances:

  • To Mindfly Labs UG affiliates and subsidiaries.

  • To support partners like contractors and service providers

  • In business transitions like mergers or acquisitions, where user data may be transferred as a business asset.

  • When you have consented or not opted out, ensuring these third parties maintain confidentiality and use the data solely for intended purposes. Further details are in our usage and disclosure policies.

  • For specific purposes you provided the data, such as using an email for a referral feature.

  • To support charitable contributions and comply with financial regulations.

  • For any other declared purposes when collecting your data, and with your explicit consent.

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We also disclose personal data for legal obligations, to enforce our terms of use, and for user safety, including fraud protection and risk reduction.

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User Preferences and Rights

‍We respect your choices regarding your data:

• ​Tracking and Advertising: You have control over tracking technologies and advertising preferences. Non-consent to cookies may affect website functionality.

• ‍Third-Party Advertising Opt-Out: Email us to opt out of having your data shared for third-party advertising.
  ‍Company Promotional Offers: Opt out via email if you don't want your contact info used for our promotional purposes.

• Targeted Advertising: You can decline targeted advertising practices by emailing us.
  ‍Information Access and Correction: You can review and modify your data via your user profile. For data deletion requests, contact us, though this may require account termination. Note that modifying information might be limited by legal and verification considerations.

‍User Contributions: Deleted contributions might remain in caches or with other users. Usage of this data is governed by our terms.

‍Legal Compliance and Non-Discrimination

We adhere to applicable data protection laws and do not discriminate against users exercising their privacy rights. We follow legal standards for data sales and sharing, particularly in line with the GDPR for European residents, which may supersede certain aspects of the CCPA.

Data Retention
We retain personal data for no longer than is necessary for the purposes for which it is processed. This duration will be in line with both GDPR and applicable local laws. Where laws require a longer storage period, we will comply accordingly.

Disclosure of Your Information
‍We may share aggregated, non-personal information about our users without restriction. Personal information collected may be disclosed as follows:

• ‍To Our Group Entities: Including subsidiaries and affiliates, for operational and business purposes.

• To Service Providers: Contractors and third parties we engage for supporting our business. Their access is limited to the information necessary for the service, and they are obligated to keep it confidential.

• During Business Transfers: In mergers, acquisitions, or asset sales, personal information may be part of the transferred assets.

• With Consent: To other third parties, based on your consent or as disclosed at the time of data collection.

• For Legal Reasons: In response to legal processes or to comply with laws.

• For Safety and Security: To protect the rights, property, or safety of our company, our customers, or others.

Additionally, we may disclose personal information:

• To comply with legal obligations, court orders, or government requests.

• To enforce our terms and conditions or other agreements, including for billing and collection.

• To protect the rights, property, or safety of our company, our users, or others. This includes sharing information for fraud prevention and risk reduction.

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‍Choices About How We Use and Disclose Your Information
‍You have control over your personal information, including:

• The ability to adjust browser settings to manage cookies. Disabling cookies might affect website functionality.

• Opting out of having your information shared with third parties for advertising by emailing us.

• Choosing not to receive promotional offers from us by emailing your request. Note that this does not apply to transaction-based communications.

• Opting out of targeted advertising; external options for this are available through organizations like the Network Advertising Initiative (NAI).

Accessing and Correcting Your Information
You can email us to request access to, correct, or delete any personal data you've provided. We must note that deleting your personal data will result in the deletion of your user account. We reserve the right to decline modifications to information if such changes would contravene legal requirements or render the information inaccurate.Please be aware that any User Contributions removed from our Website may still be viewable in cached or archived pages, or potentially by other Website users if copied or stored elsewhere. Usage of information provided on our Website, including User Contributions, is subject to our terms of use.
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Opt-Out of Marketing
‍You can choose not to have your personal information shared with third parties for marketing purposes. Californians should refer to the "Your California Privacy Rights" section. Others may email us as outlined at the end of this document. However, note that to effectively manage our Service, we may still need to share your information with service providers, even if you opt out.To stop receiving marketing messages from us, simply follow the unsubscribe instructions in the messages. However, you might still receive necessary service communications, like renewal notices, invoices, and technical update

‍Your California Privacy Rights
‍Under the California Consumer Protection Act (CCPA), California residents have specific rights regarding their personal information. These include:

• Requesting disclosure of personal information collected.Opting out of the "sale" of their personal information.

• Requesting deletion of their personal data.

• Non-discrimination for exercising their CCPA rights.

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‍Categories of Personal Information We Collect
‍This encompasses identifiers like name, contact details, and unique identifiers; demographic information; commercial information; geolocation data; online activity information; audio, electronic, or visual information; and inferences drawn from this data.
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‍Business Purposes for Using Your Information
‍Our use of your information includes maintaining accounts, customer service, processing transactions, improving and maintaining our Services, debugging, marketing communications, usage analytics, personalizing online experiences, and legal compliance.
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‍Information Sharing Practices

• ‍Service Partners: We may share your personal information with companies that provide key services such as customer support, order fulfillment, advertising analysis, communication services, data analysis, fraud prevention, cloud computing, and payment processing. These partners are essential for our operations and are obligated to handle your data responsibly.

• Consent-Based Sharing: At times, we might share your information with third parties like social media platforms or academic researchers, but only with your explicit consent

• Advertising and Marketing Partners: We collaborate with advertisers and marketing partners who assist us in understanding the effectiveness and relevance of our content and advertisements. They may also help us in delivering tailored content based on your interests.

• Legal and Compliance Requirements: We may disclose your information to government entities or other parties in response to legal processes or for other legal obligations.

Your Rights to Access and Control Personal Information

• Information Disclosure Requests: Under the CCPA, California residents have the right to request disclosure of certain details about our collection and use of your personal information over the past 12 months. Upon receiving a verifiable request from you, we will provide you with the categories of personal information collected, the sources from which it was collected, our purpose for collecting or selling it, and the specific pieces of information we have collected about you.

• Non-Discrimination Assurance: We adhere to the principle of non-discrimination as stipulated in the CCPA. This means we will not penalize you for exercising your privacy rights, such as by denying services, charging different prices, providing a different level or quality of services, or suggesting that you might receive a different price or rate for services

• Opt-Out Rights: California residents have the right to opt-out of the “sale” of their personal information. We respect this right and provide an easy way to opt-out via our website. For minors under 16, we take extra steps to protect their privacy by requiring opt-in consent before selling their personal information.

• Data Portability and Deletion Requests: You have the right to request access to or deletion of your personal information. These requests can be made through our designated channels, and we will respond upon verification of your identity. Note that deleting your personal information might also lead to the deletion of your user account.

• Data Security Measures: We employ measures to protect your personal information from unauthorized access, use, alteration, or loss. This includes storing your data on secure servers and encrypting sensitive transactions.

• ‍Policy Updates Notification: Any significant changes to our privacy policy will be communicated through our website and via email to your registered email address.

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Children Under the Age of 13
Our Website is not designed for children under 13 years of age. No individual under age 13 should provide any personal information to or on the Website. We do not intentionally collect personal information from children under 13.

California Privacy Provisions

• "Shine the Light" Law: Under California Civil Code Section 1798.83, our customers residing in California can request and obtain information once a year about the personal data we've shared with third parties for their direct marketing purposes. We provide an option for California customers to opt-out of this sharing.

• ‍Online Content Removal for Minors: Per the California "Online Erasure" law, registered users under the age of 18 in California can request the removal of their content from our platforms. We may choose to make the content invisible rather than completely erase it, meaning it could remain on our servers or be visible elsewhere if shared by others.

‍Health Kit Data Use
‍Health-related data gathered through our app is strictly used for providing health, motion, and fitness services. This data will not be utilized for marketing, advertising, or data mining purposes, including by third parties.
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‍Data Security Measures
‍We have established robust security measures to protect your personal information from unauthorized access, use, alteration, or loss. Despite these measures, the inherent insecurity of internet data transmission means we cannot guarantee absolute security of your data.

‍Policy Modifications
‍Any significant changes to our privacy policy will be published on our website. We advise you to periodically review this policy for any updates.

‍Getting in Touch
Mindfly Labs UG (haftungsbeschränkt)
Mühlenstr. 8 a  
14167 Berlin
Germany  
Registered in the commercial register Berlin Charlottenburg under: HRB 254712 B
Telephone number: (030) 50931501  
VAT: DE362355046
Managing Directors: Laura Gasperetti, David Römmler, Sebastian Timm
Email: hello@mindflylabs.com
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.Last updated 15t of November.2023