Updated: June, 2024

Introduction

emotive.energy LLC provides the products and/or services detailed on the Website. This privacy notice explains how we collect, share, and protect personal and business information. We want to make it easy for you to understand what information we collect from you, what we do with it, and how you can request access to this information. 

We believe this is a best practice to maintain transparency and trust with our website visitors and clients, and it just so happens that this complies with the laws of many countries around the world, too. If you have questions about this policy, please contact us for Additional Assistance. 

When you visit our Website, you agree to this Privacy Policy, the collection of information identified in this policy, and you always have the ability to opt out.

Service Use

We log usage data when you visit or otherwise use our Services and/or Products. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

Anonymized Information: We reserve the right to use and disclose anonymized information, aggregated information, or publicly available information that has not been combined with nonpublic Personal Information for any lawful purposes including without limitation for our internal use, research, and development. 

Data Use and Retention

We may use your personal data as needed to provide you Services and/or Products. This includes data you have provided to us and data generated from your use of our Services and/or Products. 

When you contact us through the website, or by corresponding with us by phone, e-mail, or otherwise, we may collect personal information including, but not limited to, name, address, email address, birth date, job title and profession, telephone number, credit card and account information may be collected when you purchase products and/or services, medical and health data, self-assessment data and results, your gender, your sexual orientation, professional data and education information, demographic information such as post code, preferences, and interests, IP address, web browser type and version, operating system, a list of URLs starting with a referring site, your activity on this Website, the site you exit to, cookie information, and personal information about your goals and aspirations for our products and/or services, or inferences derived from such information. We will retain your data for as long as you use the services and products available, as long as you have an active account on the platform, or at least one year.

We will use the information collected to provide you with the products and/or services you request from us, to carry out our obligations arising from any contracts entered into between you and us, to contact you in the future to provide you with information about other products and/or services we offer, to notify you about changes to our services, for training purposes, quality assurance, and to record details about the products and services you order from us, and to perform data analyses, among other things. Additionally, we may use your data for internal record keeping, improvement of our products and/or services, transmission by email of promotional materials that may be of interest to you, contact for market research purposes which may be done using email, telephone, fax, or mail. Further, we will use the information collected to administer the website and for internal operations to improve your website experience. We do not sell or share our email list for use by third parties.

We collect information so that we can make our products and services better tailored to the people who visit our site and do business with us. We may collect this information to (i) deliver products and services you have purchased from us, (ii) to notify you about our product or service offerings that you may be interested in, so long as you have given us consent to do so, and (iii) to keep track of visitor information to our site and/or or create retargeted and “lookalike” audiences for advertising purposes. 

We may collect information from you directly and indirectly through third-party services, as follows:

When you contact us

• With questions or comments in the contact form.

• When you comment on a post directly on the website.

• To request more information, schedule a telephone call, or sign up for a newsletter.

• To place an order for products or services. 

• To receive your product or services. 

When we contact you

• To provide the goods and services you requested. 

• To request occasional feedback.

• To provide news, updates, and offers through the newsletter, usually by email. 

When we contact others

• We may see certain personal information from third party apps and services that allow us to complete your order.

• We may see certain personal information from third party installations that allow us to remarket our services and products to you on other websites. 

• We may see certain personal information from third party apps and services that allow us to monitor website traffic, email conversion, and other analytics data. 

• We may see your personal information when we work with third party processors, like our email provider and web host. For EU residents, please note that this means we may transmit your data across international borders. 

General Data Collection

We may also collect the following data in the general course and scope of your use of the Website:

• Personal data including, for example, your name, e-mail address, password, and in certain instances, telephone number, data about your usage of the Products and/or Services, data you provide in connection with your usage of the Products and/or Services, and data collected by tracking technologies as that may identify you as an individual or allow online contact with you as an individual.

• We generally do not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our third-party payment processor collects Payment Card data with respect to purchases made through the Website. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.

• Facebook profile information, such as name, email address, and Facebook ID, if you choose to log in to the Products and/or Services through Facebook.

• Google profile information, such as name, email address, and Google ID if you choose to log in to the Products and/or Services through your Google account.

• Device information such as operating system version, device type, and system performance data.

How We May Use Your Data

We may use the data we retain in the following ways:

• To provide you with the Products and/or Services.

• To answer your questions or requests for information or handle your complaints.

• To ensure that content provided by the Products and/or Services is presented in the most effective manner for you and for your computer or other device

• To provide you with promotional communications, such as email, to the extent that you have provided consent and/or consistent with notice and any opt-out rights to receive such communications under applicable law.

• To carry out our obligations arising from any agreements entered into between you and us.

• To allow you to participate in interactive features of the Products and/or Services, when you choose to do so.

• To notify you about updates or changes to Product and/or Services features and content.

• To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).

• To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Website.

• To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent and/or consistent with notice and any opt-out rights for such uses under applicable law.

• To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

• To manage your payments and orders.

• If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you, except if you do not consent to, or opt-out to such communications.

Security

We take your data security seriously. We employ security safeguards designed to protect your data. We regularly monitor our systems for possible attacks. We store personal information with third parties that use industry standard practices for data security. We do not warrant the security of any information you send to us, and make no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards.

All data you provide to us through the Website is stored on our secure servers located in the United States. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products and/or Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that you change your password with frequency.

Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Cookies and other Tracking Technologies

We may use cookies and similar technologies to recognize you and/or your device(s) on our website. You can control cookies through your browser settings and other tools.

Cookies are small text files placed on your computer to collect information about the pages you view and your activities on the site. They enable the site to recognize you by, for example, remembering your username, offering a shopping cart, or keeping track of your preferences if you visit the Website again. The cookie transmits this information back to the Website's computer (or server) which generally is the only computer that can read it. 

You may opt out of some or all data collection. However, if you choose to opt out of some or all of our data collection, you may not be able to access all features of this Website or our services.

We and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same data several times during one task, to recognize that you may have already given a username and password so you don't need to do it for every web page requested, and to measure how people are using the Products and/or Services

We use local storage, such as HTML5, to store content data and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store data. Various browsers may offer their own management tools for removing HTML5.

We partner with third parties, such as Facebook and Google, to manage our advertising of the Products and/or Services on other sites or platforms as well as across your other devices based on your past visits to our Website. Our third party partners may use technologies such as cookies to gather data about your activities within the Products to deliver such advertising to you, such as retargeting ads. For more data about interest-based ads, including how to opt-out of having your web-browsing data used for behavioral advertising purposes, please Contact Us. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.

We use third party trackers to let us know when users have visited the Website by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Website. This is done to ensure that the Products are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics.

We will acquire consent from you in order to use such trackers or provide you with the opportunity to opt-out of such trackers, to the extent required by applicable law. 

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone or other mobile device. This software may record data such as how often you engage with the Website, the events that occur within the Products and/or Services, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.

Log Files

As is true of most websites, we gather certain data automatically and store it in log files. This data may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting

Your Rights to Your Information

You own your personal information and have rights to it. For example, you have the rights to: 

• Withdraw your consent for us to market our products and services to you and otherwise use the personal information you have provided to us. Simply click “unsubscribe” in the footer of our emails, or contact us for Additional Assistance. 

• Request a copy of the information we have about you. 

• Be forgotten (that is, have your data deleted and/or ask us to stop using your information for any purpose); 

• Correct inaccurate information we have about you (and that means we will notify other service providers we use, and who hold your personal information for us, of those changes as well);

• Object to direct marketing and profiling (for example, we will remove you from our email list and from any list we have uploaded for the purposes of creating custom or retargeted audiences). We also encourage you to disable data collection services on your browser; 

• Make complaints about the use of your data to regulatory authorities.

Users in the European Union, Switzerland, and the United Kingdom

For international users, a European Union law called the General Data Protection Regulation (“GDPR”) gives certain rights to applicable individuals in relation to their personal data. Accordingly, we have implemented transparency and access controls to help such users, including residents of the EU, Switzerland, and the United Kingdom exercise those rights. As required under applicable law, the rights afforded to you are: A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof. We provide an easy-to-view snapshot of such data via the “My Data” tab in the Products.

A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, emotive.energy will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and Headspace may have legal or legitimate grounds for keeping such data.

A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.

A right to data portability: you have the right to receive the personal data concerning you which you have provided to emotive.energy, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from emotive.energy. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.

A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of emotive.energy. Emotive.energy may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You may, in particular, exercise that right by clicking on the “unsubscribe” link provided at the bottom of any messages received, or by managing your privacy preferences by logging in to your emotive.energy account and following the instructions.

A right to lodge a complaint with the competent supervisory authority: you have the right to contact the supervisory authority to complain about emotive.energy’s personal data protection practices.

A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give emotive.energy instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can contact us for Additional Assistance. You may access your personal data to modify or update at any time via an online account, or by contacting us. We will respond to your request in a reasonable timeframe in accordance with applicable law.

Data Posted on Forums, Whiteboards, or Other Shared Spaces

The Website users may have the ability to post content to one or more emotive.energy forums, whiteboards, or other shared, virtual spaces. All such users may request and obtain removal of such posted content by contacting emotive.energy at the address below and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the emotive.energy forum(s), whiteboards, or other shared, virtual spaces.

Third Party Websites and Services

We may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling and/or processing, delivery of purchased products, search engine facilities, advertising and marketing. Any data used by such third parties will only be used to the extent required to perform the services we request and any use for other purposes is strictly prohibited by us.

Newsletters and Other Electronic Communications

If you sign up to receive promotional materials from us via email and/or push notifications we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by Contacting Us, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply. We will endeavor to comply with these requests as soon as reasonably practicable. Please be advised that you may not be able to opt-out of receiving certain service or transactional email messages from us that are required to provide you with our Products and/or Services.

Single Sign-On

You may be able to log-in to our Website using sign-in services such as Facebook Connect, Google, or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal data (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post data about your activities on our Products or to your profile page to share with others within your network.

Apple iOS Users

Apple iOS users may opt-in to allow the Website to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes. iOS Privacy Policy and Terms of Use apply, and can be reviewed at www.apple.com/legal/privacy.

Community Sharing

We offer products and/or services through partnerships with organizations. Sometimes corporations, governments, hospitals, universities and other organizations and groups (“Partner(s)”) wish to make the products and/or services of emotive.energy available to their members, employees and their families, patients, customers, residents or others. For example, employers may offer their employees and their families access to emotive.energy and the Website and brands that promote wellness may wish to and do offer our products and/or services through their loyalty programs. When an entity provides access to the Website to others, we call those “Communities.” If you have registered to use the Products and/or Services through a code, credential, or other means of registration furnished by a Partner (a “Community Subscription”), the Partner may have access to your name, email address, the date you registered to use the Products and/or Services, and the date on which you last used the Products and/or Services. The Partner may also have access to your Community's aggregated and anonymized general usage data (including aggregated and anonymized usage data with respect to your Community’s optional engagement with features on the Website).

Sharing of Your Data

We may also disclose your personal data to third parties as follows:

• In some circumstances, based on your specific requests, we may need to disclose your personal data to a third party so that it can provide a service you have requested from such party, or fulfill a request for data from such party. An example of this is the SMS Service.

• In some circumstances, we may disclose the personal data that you have provided to emotive.energy to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options.

• In some limited circumstances, our email service provider may receive certain information you share in-app to provide you with personalized email communications.

• If our service providers (like hosting, IT maintenance, market analytics, and payment service providers) require this data to provide services to us. We require each of our service providers to agree to maintain the confidentiality and security of your personal data.

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

• If emotive.energy or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Headspace, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.

• With your Community, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above.

• With third parties, such as Facebook, in order to serve emotive.energy advertisements on such third party platforms, to the extent that you have consented to or have been provided with notice of, and an opportunity to opt-out of, such practices under applicable law.

Data Sharing Abroad

The subsidiaries, service providers or other third parties listed above to whom we may disclose your personal data may be domiciled abroad, and in particular outside the European Union, Switzerland, and the United Kingdom.

In such cases, we will require them to take, in accordance with applicable legislation, contractual, organizational and technical measures designed to ensure an adequate level of protection of your personal data, such as the use of Standard Contractual Clauses approved by the European Commission.

We remain committed under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield (https://www.privacyshield.gov/) and are committed to the important privacy principles set forth in Privacy Shield. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list

However, in light of the Schrems II decision by the European Court of Justice on July 16, 2020, we are no longer relying exclusively on EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield and are working to implement other transfer mechanisms such as Standard Contractual Clauses to address any transfers of personal data to the U.S., consistent with applicable law.

For personal data collected from individuals located in the European Union, Switzerland and the United Kingdom, you have the ability to opt-out of whether such personal data is disclosed to a third-party (apart from service providers) or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact us at the address below in order to make such choices.

General disputes arising from your use of our Websites, Apps, Products, and other services can be found in our Terms of Use. However, if you have any questions or concerns regarding our information collection, use, and sharing practices as described in this Privacy Policy or in this Section 21 regarding Privacy Shield, you may reach us using the contact information at the end of this Policy and we will investigate the matter and resolve any issues, if we can. In the event that we are unable to resolve any such questions or concerns, you may be able to invoke binding arbitration, under certain conditions and as permitted by Privacy Shield, by contacting our U.S.-based third party dispute resolution provider (free of charge) at http://go.adr.org/privacyshield.html. Emotive.energy may be subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”).

Emotive.energy is mindful of its responsibility and potential liability for onward transfers of personal data to third parties where emotive.energy deems such transfers necessary and those transfers are subject to Privacy Shield.

Change of Business Ownership and Control

We may, from time to time, expand or reduce our business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by you will, where it is relevant to any division so transferred, be transferred along with that division for continued use. In such an event, you will be contacted and notified of the transfer and changes to which you have the right to object and/or request that your data be deleted from the system and/or platform entirely.

Lawful Bases for Processing

We will only collect, share, and/or process personal data about you where we have lawful bases. Lawful bases include consent, contract, and legitimate interests. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.  We make commercially reasonable efforts to work with data controllers (like our email provider) who guarantee compliance with privacy laws like the European Union’s General Data Protection Regulation. Occasionally we will revise this policy and will use your contact information to notify you of these changes if they reduce your privacy rights in any way. 

For California Residents

This California Consumer Privacy Act (“CCPA”) Addendum for California residents supplements the information contained in the above Privacy Policy and applies solely to all visitors, users and others who reside in the State of California. We adopt this CCPA Addendum to comply with the CCPA, and any terms defined in the CCPA have the same meaning when used in this Addendum.

Additional Assistance

If you have any questions or concerns about this Privacy Policy, please contact us at admin@emotive.energy or write us at:

emotive.energy, LLC
1968 S. Coast HWY, Suite 3310
Laguna Beach, California 9265