Applicable Law means the data protection or privacy laws of the State of Delaware and the United States, applicable to KeyWise and its clients.
Automatic Data has the meaning given to it in Clause 3.
Non-Personal Information means information which does not relate to a person and/or cannot be used to identify a person.
Personal Information means any information which can be used to identify an individual, and is described in detail in Clause 2.
User Content means any content whatsoever which are posted, uploaded, generated, provided, or otherwise made available by a client through the Platform including but not limited to any bios, experiences, descriptions, usage data, chats, photos, audios, videos, music, text, graphics, works of authorship of any kind, and any other information.
2. What personal information do We collect?
We may collect Personal Information about You when You use the Platform, register on the Platform, or interact with Us in any way. You understand that the Platform is designed to give You access to Counselors and Counselor Services by means of secure audio and text messaging. The Platform facilitates the Counselor Services and must therefore collect relevant personal information.
We collect all information which You voluntarily provide to Us through using the Platform or interacting with Us. This includes information provided during registration; during support correspondence, questions, services, and surveys; when making payments; uploaded onto the Platform in any way; and when You register to receive any of Our newsletters.
The Personal Information We may collect includes without limitation: basic information such as Your first and last name; contact information including email address and phone number; demographic information such as postal code, age, and gender; other relevant information such as education, profession, work experience, and preferences; Your contact and other information and links to Your social media profiles if You are a Counselor; geographic location; login credentials for third-party websites; insurance information; other information obtained by Your use of the Platform; and any other information that enables You to be personally identified.
We may also collect or receive Personal Information from third-party sources, such as Counselors, social media, or other third-party integrations.
We may ask for government-issued identification when You create an account on the Platform, for the purpose of verifying Your identity or as required by applicable law.
3. Why do We collect, use, and disclose Personal Information?
We may collect, hold, use, and disclose Your Personal Information for the following purposes: to enable You to access and use Our Platform, including allowing You to interact with Counselors for the purposes of the Counselor Services; to operate, protect, improve, and optimize Our Platform, business and Our users’ experience, such as to perform analytics, conduct research and for advertising and marketing; to send You service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by You; to carry out Our obligations and enforce Our rights arising from the Agreement entered into between You and Us, including for billing and collection; to send You marketing and promotional messages and other information that may be of interest to You, including information sent by or on behalf of Our business partners that We deem relevant to You; and to comply with Our legal obligations, resolve any disputes that We may have with any of our users, enforce our agreements with third parties, and for anti-fraud purposes.
From time to time, We may use Your Personal Information to send You important notices, including but not limited to notices about purchases You have made and changes made to the Terms. Due to the importance of this type of information, You may not opt out of receiving these notices.
We may also disclose Your Personal Information to a trusted third party who also holds other information about You. This third party may combine that information in order to enable it and Us to develop anonymized consumer insights so that We can better understand Your preferences and requirements, personalize Your experience, and enhance the services that You receive from Us.
The information We collect is not distributed, sold, or leased to third parties for commercial purposes, except to provide services You have requested on the Platform or for other purposes when We have Your permission to do so or when We are required to do so by law.
We may disclose Your Personal Information if We believe disclosure of Your Personal Information is necessary or appropriate for protecting the rights, property, or safety of DoMental, our customers, or other persons. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We limit Our uses of data for anti-fraud purposes to those which are strictly necessary and within Our assessed legitimate interests to protect Our customers and Our services.
You are not obligated to provide the Personal Information that We have requested. However, if You chose not to provide it, We may not be able to provide You with our services or respond to any
queries You may have.
4. Do We use Your Personal Information for direct marketing?
You may opt out of receiving marketing materials from Us by the manner described in Clause 12 or by using the opt-out facilities provided in the aforementioned notices (e.g., an unsubscribe link).
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.
5. To whom do We disclose Your Personal Information?
We may disclose Your Personal Information if We believe disclosure of Your Personal Information is necessary or appropriate for protecting the rights, property, or safety of KeyWise, our customers, or other persons. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We limit Our uses of data for anti-fraud purposes to those which are strictly necessary and within Our assessed legitimate interests to protect Our customers and Our services.
In certain circumstances, We may have to disclose certain Personal Information to third parties in order to administer or provide the services that You are requesting. Personal information will never be shared with third parties for their marketing purposes.
Do note that We do not disclose any Personal Information concerning the Counseling Services or related in any way to Your health, identity, or the fact that You are personally utilizing the Platform or the Counseling Services, to any third parties, unless You explicitly authorize us to do so. In addition, all Counselors who receive any information about You on the Platform are required to protect Your information and maintain its confidentiality.
6. Using our Website and cookies
We may collect Personal Information about You when You use and access our website. While We do not use browsing information to identify You personally, We may record certain information about Your use of our website, such as which pages You visit, the time and date of Your visit, and the IP address assigned to Your device.
We may also use ‘cookies’ or other similar tracking technologies on Our website that help us track Your website usage and remember Your preferences. Cookies are small files that store information on Your device. They enable the entity that puts the cookie on Your device to recognize You across different websites, services, devices, and/or browsing sessions. You can disable cookies through Your internet browser. However, if you do so, our website may not work as intended for You.
7. Data Security
We may hold Your Personal Information in either electronic or hard copy form. We take commercially reasonable steps to protect Your Personal Information from misuse, interference, and loss, as well as unauthorized access, modification, or disclosure, and We use a number of physical, administrative, personnel, and technical measures to protect Your Personal Information. However, We cannot guarantee the absolute safety and security of Your Personal Information.
The safety and security of Your Personal Information also depends on You. Where We have given You or where You have chosen Account Access, You are responsible for keeping Your Account Access confidential and not share it with anyone. We are not responsible for circumvention of any privacy settings or security measures We provide.
KeyWise takes the safety and security of Your Personal Information very seriously. The Platform protects Your personal information by using encryption and other data security measures that are compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA). When Your Personal Information is stored by KeyWise, We use computer systems with limited access housed in facilities using physical security measures. The data We collect is stored in encrypted form, even when We utilize third-party storage. However, no method of transmission over the internet or method of electronic storage is 100% safe and secure. While We strive to use commercially acceptable means of protecting Your Personal Information, We cannot guarantee its absolute safety and security.
You are responsible for the Personal Information You choose to share or submit to others online or offline. KeyWise will not take responsibility for Your decision to make any Personal Information publicly available.
We may retain Your Personal Information as long as You are registered on the Platform. You may delete Your account by contacting us in the manner described in Clause 12 or by choosing to do so in the settings of the Platform. However, We may retain Personal Information for an additional period of time as is permitted or required under applicable laws. Even if We delete Your Personal Information, it may persist on backup or archival media for an additional period of time for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.
10. Accessing or correcting Your Personal Information
You can access the Personal Information We have about You by the manner described in Clause 12. We may not be able to provide You with access to all of Your Personal Information, in which case We will inform You of the reason why that is so. We may also need to verify Your identity when You request Your Personal Information.
If You think that any Personal Information We have about You is inaccurate, inform us by the manner described in Clause 12 and We will take reasonable steps to ensure that it is corrected.
We will consider and respond to all requests in accordance with all applicable laws.
11. Making a complaint
If You have a reason to believe We have breached any applicable law, or You wish to make a complaint about the manner by which We have handled Your Personal Information, You may contact us by the manner described in Clause 12. We will acknowledge Your complaint and respond to You within a reasonable period of time. If You think that We have failed to resolve the complaint satisfactorily, We will provide You with information about the further steps You can take.
12. Contact Us
13. Your Rights under the California Consumer Privacy Act
To the extent that the California Consumer Privacy Act (“CCPA”) is applicable to either KeyWise or You: both parties agree to comply with all of its obligations under the CCPA. In relation to any communication of ‘Personal Data’ as defined by the CCPA, the parties agree that no monetary or other valuable consideration is being provided for such Personal Data and therefore neither party is ‘selling’, as defined by the CCPA, Personal Data to the other party, unless specifically agreed for and consented to by the parties.
The principal rights You have under the CCPA include but are not limited to: the right to know the Personal Data We collect from You; the right to request the deletion of Your Personal Data; the right not to be discriminated against for having exercised Your rights under the CCPA; the right to opt out from the collection and/or sale of Your Personal Data; and the right to access Your Personal Data.
Both parties agree to notify the other immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with the CCPA. Specifically, We shall notify You within 10 working days if We receive a verifiable consumer request under the CCPA.
Last Updated: September 7, 2022