Last Updated: [March 28th, 2023]

This Privacy Policy explains how SoundMind Corp. (“SoundMind,” “we,” or “us”) collects, uses, and discloses information about you. This Privacy Policy applies when you use our websites, mobile applications, and other online products and services (collectively, our “Services”), contact our customer service team, engage with us on social media, or otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification via email). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information

Use of Information

Sharing of Information

Advertising and Analytics

Transfer of Information to the United States and Other Countries

Your Choices

Your California Privacy Rights

Security Measures

Children’s Privacy (COPPA)

Changes to This Privacy Policy (Notification)

Additional Disclosures for Individuals in Europe

Contact Us

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, you share information directly with us when you create an account, fill out a form, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. The types of personal information we may collect include your name, email address, postal address, phone number, emergency contact information, credit card and other payment information, and any other information you choose to provide.

Information We Collect Automatically When You Interact with Us

When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:

• Activity Information:We collect information about your activity on our Services, such as auditory triggers, usage data, and usage preferences.
• Transactional Information:When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
• Device and Usage Information:We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
• Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).
• Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the Your Choices section below.

Information We Collect from Other Sources

We obtain information from third-party sources. For example, we may collect information about you from identity verification services, credit bureaus, advertising networks, data analytics providers, and mailing list providers.Additionally, if you create or log into your SoundMind account through a third-party platform (such as Apple or Google), we may have access to certain information from that platform, such as your name and email address, in accordance with the authorization procedures determined by such platform.

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or infer that you are looking to purchase certain products or communicate with others based on your browsing behavior and past purchases.

USE OF INFORMATION

We use the information we collect to administer your account and customize your experience with us. We also use the information we collect to:

• Provide, maintain, and improve our products and services;
• Process transactions and send you related information, including confirmations, receipts, invoices, customer experience surveys, and recall notices;
• Personalize and improve your experience on our Services;
• Send you technical notices, security alerts, and support and administrative messages;
• Respond to your comments and questions and provide customer service;
• Communicate with you about products, services, and events offered by SoundMind and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
• Provide customized messages with your designated emergency contacts;
• Monitor and analyze trends, usage, aural and visual preferences, and activities in connection with our Services;
• Personalize the advertisements you see on third-party platforms and websites (for more information, see the Advertising and Analytics section below);
• Personalize the advertisements you see when you use our Services based on information provided by our advertising partners;
• Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
• Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of SoundMind and others;
• Debug to identify and repair errors in our Services;
• Comply with our legal and financial obligations; and
• Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We share personal information in the following circumstances or as otherwise described in this policy:

• We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention & customer service. NOTE: We DO NOT share any personal user information for marketing and advertising purposes.
• If you submit a product review or post content in another public area of our Services, we share this information publicly on our Services.
• If you choose to use integrations we offer on our Services, such as sharing your location through our “Share Your Location” integration, we may share certain information with your designated emergency contacts.
• We share with research partners, e.g., for mental health studies, aggregated and pseudonymized usage data.
• We may also share with business-to-business clients available analytics based on aggregate and pseudonymized usage data for their users.
• We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
• We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of SoundMind, our users, the public, or others.
• We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
• We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
• Personal information may be shared between and among SoundMind and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
• We share personal information with your consent or at your direction.

We also share aggregated or de-identified information that cannot reasonably be used to identify you.

ADVERTISING AND ANALYTICS

SoundMind does not use personal data for advertising purposes. We may allow others to provide analytics services and serve non-profit partner resource links or advertisements on our behalf across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information (only if you click the links in our ‘Resources’ section).

We may also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook and Instagram) – outside of our platform. As part of these ad campaigns, we or the third-party platforms will work together to customize advisersting to you, as the user, without using your personal data.

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

SoundMind is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

If you are in the European Economic Area, we provide adequate protection for the transfer of personal data to countries outside of the EEA through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting us using the contact information below.

We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data. Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of your personal data. Individuals in the EU, U.K. and Switzerland who have inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact JAMS by visiting https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. JAMS provides dispute resolution services at no cost to you.

YOUR CHOICES

Account Information

You may update and correct certain account information at any time by logging into your account or emailing us at support@soundmind.app. If you wish to delete your account, please follow directions for account erasure, then sign out of your profile and then delete the application, but note that we may retain certain information such as your sign-up email address as required by law or for our legitimate business purposes.

Location Information

When you first launch any of our mobile apps that collect precise location information, you will be asked to consent to the app’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of this location information by following the standard uninstall process to remove all of our mobile apps from your device. If you stop our collection of this location information, some features of our Services may no longer function properly. NOTE: This is only for B2C Clients, those working with us in a School/Organization have these services turned off – especially for students.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

Communications Preferences

You may opt out of receiving promotional emails from SoundMind by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

California Consumer Privacy Act

In the preceding 12 months, we have collected the following categories of personal information: identifiers such as a personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers, emergency contact information, internet other electronic network activity information, including, but not limited to, and information regarding a consumer’s interaction with an internet website, application, or advertisement, geolocation data, audio preferences, visual preferences or similar information, and inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, and behavior.

For details about the precise data points we collect and the categories of sources of such collection, please see the Collection of Information section above. We collect personal information for the business and commercial purposes described in the Use of Information section above.

In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

SoundMind does not sell your personal information. We NEVER allow our marketing/advertising partners to collect any data/information about our users.

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, and (3) not be discriminated against for exercising these rights. You may make these requests by emailing support@soundmind.app. We may verify your request by asking you to provide information related to your recent interactions with us. We will not discriminate against you if you exercise your rights under the CCPA.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit

requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us.

SECURITY MEASURES

SoundMind Corporation follows strict security and data privacy procedures in order to protect all user data. Please see below for a brief overview of the policies that are currently in place:

• Encryption: All user data is kept in an encrypted server. This data is only accessible to authorized personnel through 2FA and organizational verification
• Breach Protocols: Annually, or as business needs change, the Security Team tests our breach procedures with a breach response exercise. Process improvements resulting from that exercise should be integrated into this document. Our data security is also Pen Tested on an annual basis, which most recently occurred in February 2023.
• Company Technology is Protected from Malware – Computer equipment has been safeguarded against virus and other malicious code.
• Full HIPAA Privacy Compliance – SoundMInd Corp. has received it’s HIPAA certification from Strike Graph and complies with all official HIPAA Policy for the organization.

CHILDREN’S PRIVACY

The Service contains content appropriate for children under the age of 13. As a parent, you should know that through the Service children under the age of 13 may participate in activities that involve the collection or use of personal information. We use reasonable efforts to ensure that before we collect any personal information from a child, the child’s parent receives notice of and consents to our personal information practices.

We also may limit how we collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means we will be unable to provide certain functionality of the Service to these Users. If we need to rely on consent as a legal basis for processing, your information and your country requires consent from a parent, we may require school/parent’s consent before We collect and use that information. If parents have already signed a consent policy with the School District/Club, we will be able to use that as consent as long as it pertains to the usage of technology and programs deemed safe by the administration. Similarly, if our Company is directly contracting directly with a school, we may rely on consent from the school instead of the parents for collection of personal information from students when data collected is for the use and benefit of the school, and not for any other commercial purposes.

We may ask a User to verify its date of birth before collecting any personal information from them. If the User is under the age of 13, the Service will be either blocked or redirected to a school review process – ensuring that the student’s information is safe and able to be use for the usage of our program.

Data Subject Requests

Subject to certain limitations, you have the right to request access to the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, email support@soundmind.app.

Information Collected from Children Under the Age of 13

The Company will allow for students under 13 to use their school email or a unique/random username for access to our product/services.

We may collect and store other personal information about children if this information is submitted by a child with prior consent from the school (limited to the information below) or by the parent or guardian of the child.

The Company may collect and store the following types of personal information about a student when submitted using our application (after being cleared by the school):

• First and/or last name (only seen by the user, this is not shared outside of the local application)
• Date of birth (only seen by the user, this is not shared outside of the local application)
• Grade level
• Email address (school)
• Parent’s or guardian’s email address

We follow our standard Privacy Policy for the disclosure of personal information collected from and about children.

Parental Access

A parent who has already given the Company/School permission to collect and use their child’s personal information (name/email/grade) can, at any time:

• Request to have their child’s personal information permanently deleted
• Discontinue further collection or use of the child’s personal information

To make such a request, You can write to us using the contact information provided in this Privacy Policy or contact your School District directly.

CHANGES TO THIS PRIVACY POLICY (NOTIFICATION)

We may update Our Privacy Policy from time to time. We will notify Parents and Users of any changes by posting the new Privacy Policy on this page at https://www.soundmind.app/privacy-policy/.

We will let You know via email, by emailing the organizations currently working with SoundMind, and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data, and this section applies to you.

Legal Basis for Processing

When we process your personal data, we will do so in reliance on the following lawful bases:

• To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
• When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
• To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
• To protect the vital interests of our users.
• When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.

Data Retention

We store personal data associated with your account for as long as your account remains active. If you close your account, we will delete your account data within 30 days; otherwise, we will delete your account data after one year of inactivity. We store other personal data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

Data Subject Requests

Subject to certain limitations, you have the right to request access to the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, email support@soundmind.app.

Questions or Complaints

If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

For individuals in the EEA: https://edpb.europa.eu/about-edpb/about-edpb/members_en For individuals in the UK: https://ico.org.uk/global/contact-us/

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

CONTACT US

If you have any questions about this Privacy Policy, please contact us via email or phone. For immediate assistance, you can reach our Direct Support Team at 1100 Glendon Avenue Los Angeles, CA 90024 by calling (213)-309-8313 or e-mailing support@soundmind.app.

For questions or concerns related to the privacy policy for Children’s Online Privacy Protection Act (COPPA) practices, please reach out to COPPAPrivacy@ikeepsafe.org to contact the iKeepSafe Safe Harbor Program. From there, the team will review your inquiry and promptly get back to you.