WINDUP MINDS

PRIVACY POLICY

 

Last Updated: September 13, 2024

 

Welcome to the Windup Minds website! We respect your privacy and have composed this Privacy Policy to help you understand how we process your Personal Data (defined below) and your choices about the data we process.

 

In this Privacy Policy, we refer to the website at https://www.windupminds.com/ [MR1] as the “Site”.

 

This Privacy Policy explains what Personal Data (defined below) we collect in connection with the Site, how we use and share that data, and your choices concerning our data practices. This policy applies only to information we collect via the Site and in email, text, and other electronic communications sent through or in connection with the Site.

 

This policy DOES NOT apply to information that you provide to or is collected by any third party, or which is collected outside of the Site (see “Third-Party Information Collection”).

 

This Privacy Policy is incorporated into and forms part of our End User License Agreement.

Before using the Site or submitting any Personal Data to us, please review this Privacy Policy carefully and contact us at the email address below if you have any questions.

 

By using the Site, you consent to the practices described in this Privacy Policy.

 

If you do not consent to this Privacy Policy, please do not access or otherwise use the Site.

 

1. DATA CONTROLLER

 

Windup Minds, Inc.  (“Company,” “we,” “us,” or “our”) will be the entity responsible for your data. To ask questions or comment about this privacy policy and our privacy practices, you can contact us at:

 

Email:                                         privacy@windupminds.com

 

2.         CHILDREN

 

Our Site is not directed to or intended for children who are under the age of 16. Company does not knowingly collect Personal Data from children under the age of 16. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you have reason to believe that a child under the age of 16 has provided Personal Data to Company through the Site please contact us at privacy@windupminds.com and we will endeavor to delete that information from our databases. This in compliance with the Children’s Online Privacy Protection Act and Article 6(1)(c) of the GDPR.

 

3.         PERSONAL DATA WE COLLECT

 

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

 

Personal Data You Provide. We collect Personal Data from you when you provide it to us directly. For example when you fill out a form on the Site, apply for a job with us, or contact us in regard to this Privacy Policy, we will receive the information that you choose to include in your.  Additionally, when you sign up for our mailing list through the Site, we will receive your email address.

 

Automatically Collected Information. When you visit, use, and interact with the

Site, we may receive certain information about your visit, use, or interactions.

 

  • For example, through the Site we may collect your browser id and information about the resources that you access and use on the Site. We may receive any information that your browser automatically sends whenever you visit the Site which may include your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.

 

  • Cookies Data: Please see the “Cookies” section below to learn more about how we use cookies.

 

  • Location Data: We derive a rough estimate of your location from your IP address.

 

  • Email Open/Click Data: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.

 

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it) and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

 

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

 

 

Do Not Track Signals:  Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

 

Third-Party Information Collection Through the Site: Some features of the Site are served by third parties (“Third-Party Site”). When you use the Site, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include our analytics and email marketing providers. The Personal Data that we receive from Third-Party Site is covered by this privacy policy, while their processing of your information is covered by their privacy policy.

 

Please see the list of Third-Party Site below.

 

 

 

Social Platforms: We also have accounts and servers on social media platforms like Instagram, Facebook, X/Twitter, and Discord (“Social Platforms”). The Social Platforms are operated by the owners of the relevant social media platforms and the collection of information by third parties on the Social Platforms is governed by the privacy policy of the applicable platform. When you interact with our Social Platforms, we may also collect Personal Data that you elect to provide to us, such as your contact details.

 

 

4.         Our Legal Bases For Processing Your Information

 

When we collect or otherwise process any of your Personal Data, we do so in reliance on the following legal bases:

 

  • Your consent. If you have provided us with your consent to process your information for a specific purpose we will do so based on your consent. You may withdraw your consent at any time by following the instructions provided below in the “Your Rights and Choices” section below.

 

  • Performance of a Contract with You. When the processing of your Personal Data is necessary in order for us to perform a contract with you or when you request that we process your information prior to entering into a contract with you, we will do so on this basis.

 

  • Our Legitimate Interests. When we believe the processing of your Personal Data is reasonably necessary in order for us to achieve our legitimate interests in conducting and managing our business and our relationship with you, we will do so on this basis, including the legitimate interest we have in:
    • personalizing, enhancing, modifying or otherwise improving the Site and/or the communications that we provide to you;
    • retaining and engaging you and our other users;
    • detecting and preventing fraud and operating a safe and lawful business; and
    • improving the security and optimization of our network, sites and Site.

 

When we use your information for our legitimate interests, we take into account any potential impact that such use may have on you  by balancing our legitimate interests against your interests, rights and freedoms. We will not use your information if there is a less intrusive way for us to achieve our legitimate interests or if we believe your interests should override ours unless we have other grounds to do so (such as your consent or a legal obligation).

 

  • Our Legal Obligations. When we believe that the processing of your information is necessary in order for us to comply with our legal obligations (such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved) we will do so on this basis.

 

  • Vital Interests. When we believe that the processing of your information is necessary in order to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person, we will do so on this basis.

 

5.         HOW WE USE PERSONAL DATA

 

We may use Personal Data for the following purposes:

 

  • To provide, support and maintain the Site and its contents, and any other information, or services that you request from us;
  • To provide you with customer support;
  • To communicate about promotions, upcoming events, and other news about our games and services with your consent;
  • To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies;
  • To maintain, optimize, develop, and improve our Site;
  • To respond to you if you contact us;
  • To fulfill any other purpose for which you provide it;
  • To analyze how you interact with our Site;
  • To develop new products and services;
  • To prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture, and networks;
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.;
  • For any reason that we described to you when collecting your Personal Data or for any reason for which you’ve provided us with your consent;
  • To protect the rights, interests, and safety of us, you, and any third parties, and to exercise and defend our rights; and
  • To create anonymous, de-identified, or aggregated datasets (“Aggregated Information”). Such datasets would not be "Personal Information" subject to this Privacy Policy. We may use anonymous, de-identified, or aggregated datasets for any purpose. For more information about Aggregation Information see below.

 

The usage information we collect helps us to improve our Site and to deliver a better and more personalized experience by enabling us to:

 

  • Recognize you when you use the Site.
  • Estimate our audience size, demographics and usage patterns.
  • Comply with your consents.
  • Understand how well Site features are working and whether users are having issues.
  • Identify and correct software defects.
  • Prevent fraud and illegal behavior by detecting behavior patterns that indicate such activity.

 

Aggregated Information: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Site, to improve and add features to our Site, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Site and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Site, through cookies, and through other means described in this Privacy Policy.

 

6.         SHARING AND DISCLOSURE OF PERSONAL DATA

 

In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties:

 

  • Vendors and Site Providers: To assist us in meeting business operations needs and to perform certain Site and functions, we may share Personal Data with vendors and service providers, including providers of hosting Site, cloud Site, and other information technology Site providers, email communication software and email newsletter Site, advertising and marketing Site, payment processors, customer relationship management and customer support Site, and analytics Site. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.

 

  • Business Transfers: We may disclose your information to our subsidiaries and affiliates. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.

 

  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a court order, regulatory request or other legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.

 

  • Enforcing our Rights: We may disclose your information as necessary to enforce our rights arising from any contracts entered into between you and use.

 

  • Necessary for Purpose: We may disclose your information as necessary to fulfill the purpose for which you provided it.

 

  • With Your Consent: We may disclose your information with your consent.

 

  • Other purposes: We may disclose your information for any other purpose disclosed by us and accepted by you when you provide the information.

 

7.   WHERE, HOW AND HOW LONG WE STORE YOUR INFORMATION

 

Information that we collect through the Site is stored the United States. We store all Personal Data securely using third-party vendors who implement industry standard security measures. By using the Site, you authorize us to receive, process, transfer, and store your information in and to the United States as applicable. 

 

We keep your information only for the length of time necessary to fulfill the purposes for which the information was collected. For example, if you sign up for our newsletter, we will keep your signup information until you unsubscribe from it.

 

Cross-border Data Transfers: Where cross-border transfers of data are necessary, we will take reasonable steps to safeguard the privacy of your Personal Data. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring Personal Data.

 

8.         DATA SECURITY

 

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure by partnering with third parties who use industry standard security measures to protect your information.

 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through our Site. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

 

9.         YOUR RIGHTS AND CHOICES

 

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Site, you may be unable to use those features.

 

We strive to provide you with choices regarding the Personal Data you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Disabling Cookies: You can limit cookie collection by disabling cookies in your browser settings. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.
    • If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

 

  • Updating or correcting your information: Please contact us at the email address above if you need to change or correct your Personal Data.

 

  • Promotion by us: If you have opted in to receiving email communications from us and you want us to discontinue using your email address to promote our own or third parties' products or Site, you can opt-out by clicking the unsubscribe link at the bottom of our emails and following the instructions provided.

 

  • Deleting Your Personal Data: We provide all of our data subjects with the Right to be Forgotten (also known as the Right to the Deletion of your Personal Data ), whether or not you reside or are a citizen of the European Union or the United Kingdom. Please email us at the address above if you would like us to delete your Personal Data.

 

Please note however that the Right to be Forgotten is not an absolute right. The Right to be Forgotten only applies to the following types of Personal Data that are held by us at the time of the request:

  • Personal Data that was processed on the basis of consent,
  • Personal Data that was processed on the basis of legitimate interests,
  • Personal Data processed on a basis other than consent or legitimate interests that is no longer required for the purpose for which it was original collected or processed,
  • Personal Data that was processed unlawfully,
  • Personal Data that must be deleted in order to comply with a legal obligation, or
  • Personal Data of a child.

 

  • Third parties: We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

 

For more information about the third parties that collect data through the Site, see the “Third Party Information Collection” section above to understand which third parties have access to your Personal Data through the Site. You can consult their privacy policies to see if they offer additional options for limiting collection.

 

Data Rights of European Residents: The laws of the United Kingdom and the European Economic Area and other territories provide their residents with certain data protection rights. If you are resident of the United Kingdom or the European Economic Area, these are your rights:

 

  • The right to access - You have the right to request Company provide you with copies of your personal data. We may charge you a small fee for this service.

 

  • The right to rectification - You have the right to request that Company correct any information you believe is inaccurate. You also have the right to request Company to complete information you believe is incomplete.

 

  • The right to be forgotten - You have the right to request that Company erase certain types of personal data (see Deleting Your Personal Data above).

 

  • The right to restrict processing - You have the right to request that Company restrict the processing of your personal data, under certain conditions.

 

  • The right to object to processing - You have the right to object to Company' processing of your personal data, under certain conditions.

 

  • The right to data portability - You have the right to request that Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

 

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at privacy@windupminds.com.

 

 

10.       CHANGES TO THE PRIVACY POLICY

 

The Site and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Site or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

 

11.       CONTACT US

 

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: privacy@windupminds.com.

 

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contact@windupminds.com

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