Last Updated: June 18, 2024
This Naked Mind, LLC ("This Naked Mind", "we", "us", or "our") is committed to protecting your privacy. This Privacy Policy ("Policy") describes how we collect, use, and disclose data. This Policy applies to your use of This Naked Mind's products, services, and websites located at www.thisnakedmind.com, learn.thisnakedmind.com, www.thealcoholexperiment.com, www.thisnakedmindcommunity.com, thisnakedmindapp.com, and the This Naked Mind and The Alcohol Experiment mobile applications on all platforms (collectively, "Services").
This Naked Mind is a United States corporation subject to the laws of the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. Since our servers are located in the United States, your data may be transferred to, stored, or processed in the United States. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your data to our facilities in the United States and those third parties we share your data with as described in this Policy and our Terms of Service Agreement.
Personal Data. We may disclose, and you consent to our disclosing of, your Personal Data to:
THIS POLICY DOES NOT COVER ANY COLLECTION, USE, OR DISCLOSURE BY THIRD PARTIES THROUGH ANY APPLICATIONS, WEBSITES, PRODUCTS, OR SERVICES THAT WE DO NOT CONTROL OR OWN, OR ANY THIRD-PARTY FEATURES OR SERVICES MADE AVAILABLE THROUGH THE SERVICES. BY USING THE SERVICES, YOU EXPRESSLY RELIEVE THIS NAKED MIND FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
The inclusion of a link or accessibility of third-party sites does not imply endorsement of such third-party site by us. All trademarks, trade names, and logos of third parties featured on the Services belong to their respective owners.
Each merchant and third-party payment processor collects and shares your information according to its own privacy policy and terms of service. This Naked Mind is not responsible for the actions of third-party processors or merchants, including how such entities treat your information. You are responsible for knowing and understanding their policies and terms.
This Naked Mind reserves the right to store and process your Personal Data in the United States and in any other country where This Naked Mind or its affiliates, subsidiaries, or service providers operate facilities in compliance with and as permitted by applicable laws and regulations. Some of these countries may have data protection laws that are different from the laws of your country and may offer less legal protection.
When This Naked Mind transfers, stores, or processes Personal Data outside of your jurisdiction, including to or in the United States, we take appropriate safeguards to protect your Personal Data in accordance with this Policy and applicable law.
Some recipients of your Personal Data are located in countries outside the EU/EEA, UK, and/or Switzerland that are not subject to an adequacy decision, which means that these countries are not recognized as having an adequate level of data protection under the EU/EEA, UK, and/or Swiss data protection laws and the transfer of Personal Data is therefore not permitted under the General Data Protection Regulation (EU) 2016/679 (the "EU's GDPR"), the Data Protection Act 2018 (the "UK GDPR"), and/or Swiss Federal Act on Data Protection (the "Swiss FADP"). In these cases, This Naked Mind may use the EU-U.S. Data Privacy Framework ("EU-U.S. DPF"), the UK extension to the EU-U.S DPF, and the Swiss-U.S. Data Privacy Framework ("Swiss-U.S. DPF") to transfer your Personal Data to the United States and elsewhere.
This Naked Mind complies with the EU-U.S. Data Privacy Framework (the "EU-U.S. DPF"), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (the "Swiss-U.S. DPF") (collectively, "Data Privacy Framework"), as set forth by the U.S. Department of Commerce.
This Naked Mind has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Privacy Framework Principles ("EU-U.S. DPF Principles") with regard to the processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. This Naked Mind has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles ("Swiss-U.S. DPF Principles") with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework ("DPF") program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
The types of Personal Data we collect are described in Section 1 of this Privacy Policy. The purposes for which we collect and use Personal Data are described in Sections 2 and 3 of this Privacy Policy. The choices we offer individuals for limiting the use and disclosure of Personal Data are described in Section 4 of this Privacy Policy.
We only collect Personal Data that is relevant for providing the Services. We process Personal Data in a way that is compatible with providing the Services or as otherwise authorized by you. We take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We provide individuals with the opportunity to opt out whether their personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. We adhere to the DPF Principles for as long as we retain Personal Data.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, This Naked Mind commits to resolve DPF Principles-related complaints about our collection and use of your Personal Data. EU/EEA, UK, and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact This Naked Mind at legal@thisnakedmind.com.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, This Naked Mind commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgement of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit here for more information or to file a complaint. The services of JAMS are provided to you at no cost.
The Federal Trade Commission has jurisdiction over This Naked Mind's compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
You may, under certain conditions, invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other mechanisms. Please visit here for more information.
This Naked Mind is liable in cases of onward transfers of Personal Data to third parties acting as agents on our behalf. We comply with the DPF Principles for all onward transfers of Personal Data from the EU/EEA, UK, and Switzerland, including the onward transfer liability provisions. This Naked Mind remains liable under the DPF Principles if This Naked Mind's agent processes such Personal Data in a manner inconsistent with the DPF Principles unless we can prove that we are not responsible for the event giving rise to the damage. This Naked Mind enters into contracts with all third parties acting on our behalf and under our instructions, and all third-party contracts comply with the DPF Principles. We do not collect or process sensitive information under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
In certain situations, we may need to disclose Personal Data in response to lawful requests by public authorities, including to meet national security and law enforcement requirements, or otherwise comply with the law or a court order.
We use reasonable and appropriate physical, electronic, and administrative safeguards to protect personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data and risks involved in processing that information. If you would like to review, correct, delete, or update Personal Data that you have previously disclosed to us, please email us at legal@thisnakedmind.com. We may limit or deny access to Personal Data only where permitted by the DPF Principles. We need to retain certain information about you for legal and internal business reasons. We will retain your Personal Data for as long as necessary to provide you with the Services and as needed to comply with our legal obligations and enforce our agreements.