Privacy Policy
Last updated: October 2, 2023
This Privacy Policy explains how Jivika Mindfulness Inc. ("Jivika", "we", "us", or “our”) collects, uses, and/or share (“process”) your information when you access or use our mobile application, and other services (taken together, the "Services"), and when you contact our customer service team, engage with us on social media, or otherwise interact with us. Additional information for California, Colorado and Connecticut residents, can be found at the end of this Privacy Policy.
If changes to this Privacy Policy are made, we will update the date at the top of the policy and, in some cases, we may provide you with additional notice (e.g., via a statement to our website or sending you a notification). Please revisit this page or contact us via our website or mobile application to stay informed about our information practices and the choices available to you.
Collection of information
Personal information
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services. The personal information we collect may include the following:
names
email addresses
usernames
passwords (we use MD5 encryption to collect and store your password)
phone number, if that was provided
Sensitive Information. We do not process sensitive information.
Application Data. If you use our application, we may request to send you push notifications regarding your account or certain features of the application, e.g., congratulating you with the latest achievements and/or reminding you to practice micro-habit at your selected time(s). If you wish to opt out from receiving these types of communications, you may turn them off at setup or anytime later on via your account settings. In order to push timely user-opted notifications, we will access the local time setup on your phone.
Use of information
The above information is used to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. Specifically, we use the information we collect to:
User account creation and authentication based on your email address and name, matched against what was provided by your organization’s buyer(s) of our Services and to keep your account in working order.
Provide, maintain and improve our Services, e.g., to identify and repair errors, and develop new products and services.
Monitor and analyze trends, usage, and activities in related to our Services.
Personalize your experience using our Services through the usage data collected, e.g., common times of notifications, popular micro-habits, popular categories, etc.
Detect, investigate and prevent fraudulent users and other illegal activities and protect the rights and property of Jivika and others, including to enforce our agreements and policies. If you feel your usage was declined in error, please contact us for assistance at ayman@mindfuljivika.com.
usage analytics - e.g., popular micro-habits and categories, reported issues, etc., that would help us improve your experience.Support our accounting, legal and other compliance activities.
Respond to user inquiries/offer support to users.
Send administrative information to you, e.g., upgrades or details of our products and services, changes to our terms and policies, and so on.
To request your feedback about your use of our Services.
Legal basis of processing
When we process your personal information we will only do so in the following situations:
Necessary to perform our contractual responsibilities with you, e.g., setting you up as a user and providing the products or services you have requested.
To communicate with you about changes to our Services, to help secure and improve our Services and to analyze use of our Services.
To comply with our legal obligations; and
When we have your consent to do so.
Sharing of information
We share information about you as follows and as otherwise described in this Privacy Policy or at the time of collection:
With companies and contractors that perform services for us, including payment processors, fraud prevention vendors and other service providers.
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, e.g., court order, subpoena, or other lawful requests by public authorities to meet national security or law enforcement requirements.
If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Jivika or others.
Related to, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
Between and among Jivika and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
With your consent or at your direction. For instance, you may choose to share actions you take on our Services with third-party social media services via the integrated tools we provide via our Services.
Data retention
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than three (3) months past the termination of the user's account.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Data safety
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
No data collection from minors
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at mukerjitapan@gmail.com.
Your privacy rights
In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (vi) if applicable, to data portability; and (vii) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us at ayman@mindfuljivika.com.
We will consider and act upon any request in accordance with applicable data protection laws.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us at ayman@mindfuljivika.com.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Account information
If you would at any time like to review or change the information in your account or terminate your account, you can contact us at ayman@mindfuljivika.com.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Information for California residents
California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed below. The California Code of Regulations defines "residents" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information. Your rights with respect to your personal data:
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell or share personal information to third parties;
the categories of personal information that we sold, shared, or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or sharing personal information; and
the specific pieces of personal information we collected about you.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer's sensitive personal information.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.
To exercise these rights, you can contact us by email at ayman@mindfuljivika.com. If you have a complaint about how we handle your data, we would like to hear from you.
Information for Colorado residents
This section applies only to Colorado residents. Under the Colorado Privacy Act (CPA), you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Right to be informed whether or not we are processing your personal data
Right to access your personal data
Right to correct inaccuracies in your personal data
Right to request deletion of your personal data
Right to obtain a copy of the personal data you previously shared with us
Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")
To submit a request to exercise these rights described above, please email ayman@mindfuljivika.com.
If we decline to take action regarding your request and you wish to appeal our decision, please email us at ayman@mindfuljivika.com. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.
Information for Connecticut residents
This section applies only to Connecticut residents. Under the Connecticut Data Privacy Act (CTDPA), you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Right to be informed whether or not we are processing your personal data
Right to access your personal data
Right to correct inaccuracies in your personal data
Right to request deletion of your personal data
Right to obtain a copy of the personal data you previously shared with us
Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")
To submit a request to exercise these rights described above, please email ayman@mindfuljivika.com.
If we decline to take action regarding your request and you wish to appeal our decision, please email us at ayman@mindfuljivika.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.
Information for Virginia residents
Under the Virginia Consumer Data Protection Act (VCDPA):
"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.
"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.
"Sale of personal data" means the exchange of personal data for monetary consideration.
If this definition of "consumer" applies to you, we must adhere to certain rights and obligations regarding your personal data.
Your rights with respect to your personal data
Right to be informed whether or not we are processing your personal data
Right to access your personal data
Right to correct inaccuracies in your personal data
Right to request deletion of your personal data
Right to obtain a copy of the personal data you previously shared with us
Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")
Exercise your rights provided under the Virginia VCDPA
You may contact us by email at ayman@mindfuljivika.com.
If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Verification process
We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.
Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
Right to appeal
If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at ayman@mindfuljivika.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint.
Information for Canada residents
We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.
For investigations and fraud detection and prevention.
For business transactions provided certain conditions are met.
If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.
If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.
If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced.
If the collection is solely for journalistic, artistic, or literary purposes.
If the information is publicly available and is specified by the regulations.
Contact us
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Tapan Mukerji, by email at mukerjitapan@gmail.com, by phone at +91 8582938140, or contact us by post at:
Jivika Mindfulness Inc.
Tapan Mukerji
Sector 2, BG-83, Salt Lake City
Kolkata, West Bengal 700091
India
If you have any further questions or comments, you may also contact us by post at the following corporate address:
Jivika Mindfulness Inc.
10 West 15th Street, #820
New York, NY 10011
United States
Phone: 1-917-400-7144
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please email ayman@mindfuljivika.com.
Jivika micro-habits are proprietary in nature and cannot be replicated for commercial purposes.