Privacy Policy

MindTickle, Inc. and MindTickle Interactive Media Pvt. Ltd. (“Mindtickle” or “we”, “us” or “our”) is committed to ensuring that your privacy is protected and wants you to understand how we collect, use, and disclose your information. This Privacy Statement describes Mindtickle’s data collection, processing, and usage practices across our web applications deployed as a part of our subscription services (the “Web Apps”) and associated mobile applications (the “Mobile Apps”) and other services provided by us both online and offline (collectively, including Web Apps & Mobile Apps, the “Services”) and our marketing website located at www.mindtickle.com (the “Website”, collectively including Services, the “Sites”) both owned and operated by Mindtickle. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged Mindtickle.

In this Privacy Statement, “You” or a “User” refers to any individual who visits or otherwise uses the Sites, including individuals that visit Mindtickle’s Website (“Visitors”) and Mindtickle customers including without limitation employees and affiliates (“End-Users”) who register to use the Services subscribed by their respective organizations (“Customer”). By using the Sites, you accept and agree to the practices described in this Privacy Statement. If you do not agree with the practices outlined in this Privacy Statement, you should not use the Services offered by Mindtickle.

This Privacy Statement does not apply to the practices of third parties that Mindtickle does not own or control, or to individuals that Mindtickle does not employ. If Mindtickle enters a separately negotiated agreement with you related to the use of Mindtickle’s Services (“Customer Agreement”), these terms will still apply, but any conflicting terms in the Customer Agreement will override terms in this Privacy Statement.

You can request a copy of this Privacy Statement by contacting us at privacy@mindtickle.com.

This Privacy Statement includes Mindtickle’s Privacy Policy Statement.

1. Information We Collect

1.1. Personal Information: This refers to any information that you voluntarily submit to us and that in isolation or through a combination of information identifies you as an individual or relates to an identifiable individual, including without limitation: name, title, company name, job function, expertise, postal address, telephone number, or email address (collectively “Personal Information”). Personal Information can also include information about any transactions, both free and paid, that you enter on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter, and Google, or publicly available information that we acquire from service providers.

If you submit any Personal Information relating to other people to us such as their names and email address, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

If you submit the contact information of another person (“Friend”) for the purpose of a referral program run by Mindtickle, we will automatically send a one-time email inviting him or her to visit our services. Mindtickle stores this information for the sole purpose of sending this one-time email and tracking the success of the referral program. The Friend may contact us at privacy@mindtickle.com to request that we remove this information from our database.i

1.2. Navigational Information: As is true of most websites, we gather certain information automatically. “Navigational Information” includes but is not limited to information about users’ systems and visits to Mindtickle’s Services such as IP address, Internet service provider (ISP), geographic location, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.

2. How We Collect Information

2.1. Customers’ Use of Services

Mindtickle generally does not receive Personal Information directly from individuals. To fulfill their business needs, our customers may provide or ask the End-Users of their organization to provide some Personal Information relevant to their business needs, including but not limited to name, email address, phone number, geographic details, business unit, reporting manager, performance metrics, etc. Personal Information may also be generated in the process of the End-User interacting with the Services.

2.2. Information Collected on Website and other sources

You are free to explore the Website without providing any Personal Information. However, we may collect Navigational Information about your visit to facilitate our operation of the Services and for other purposes described below.

In addition, we may require you to provide some Personal Information about yourself when you register to use our Services or express an interest in obtaining additional information, including when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter and download content (e.g. thought leadership papers, technical resource papers, case studies, etc).

Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Mindtickle, or as soon as practicable thereafter, and in any event, before Mindtickle uses or discloses the Personal Information for a purpose other than for which it was originally collected.

2.3. Information Collected on Web & Mobile Apps

When you download and use our Mobile Apps, we automatically collect information on the type of device you use, the operating system version, and the device identifier (or “UDID”).

When you access Mindtickle’s Web & Mobile Apps we may also automatically collect login information, IP addresses, and additional Navigational Information that are not personally identifiable.

2.4. Use of Cookies and Other Tracking Technologies

Mindtickle and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole.

A cookie is a small file that asks permission to be placed on your computer’s hard drive or on the web browser of your mobile phone. Unless you disable this setting, the file is added and the cookie helps analyze web traffic or lets us know when you visit a particular site. Cookies allow Web Apps to respond to you as an individual. Web Apps can tailor their operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. Mindtickle and its partners & service providers use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Website and Web Apps in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website and Web Apps, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer, mobile, or any Personal Information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website and/or Web Apps.

We also use analytics software to better understand the functionality of our Mobile Apps on your phone. We do not link the information we store within the analytics software to any Personal Information that you submit within the Mobile Apps.

To understand how Mindtickle makes use of cookies and to exercise your rights please refer to our Cookie Policy.

2.5. Third-Party Tools & Aggregated Information

In the process of providing Services, we try to understand users’ behavior by tracking user movement, links clicked, content viewed, click/touch, scrolls, and keystroke activities on our Site. In order to understand user behavior, we may use third-party analytical tools, including but not limited to MixPanel, Fullstory, and Google Analytics. These third parties are bound by their own privacy policy and may use cookies to provide their services. For further information on cookies, please see Section 2.4 (Use of cookies) above, in this policy. If you do not want your behavior to be tracked, you have an option to opt out of these analytics services. Opt-out options are available at https://mixpanel.com/optout; https://www.fullstory.com/optout/; https://tools.google.com/dlpage/gaoptout and for users in European Union at http://www.youronlinechoices.eu

We will update our Privacy Policy Statement to reflect any new or alternative analytics service provider engaged by us.

To enhance our Services and provide a better user experience, we may use anonymized and aggregated statistical information, which may be based on extracts of your Personal Information, and share such information with third parties.

2.6. Call recording

If you are a User of the Mindtickle platform through a customer of Mindtickle that avails Mindtickle platform’s Call AI services, the calls that you may participate using the Mindtickle platform may be recorded for training and quality purposes and shared for the customer’s business purposes. Mindtickle Call AI provides a notice 15 minutes before the call stating that the call will be recorded and an option to disable call recording. During the call, the Mindtickle Call AI bot announces that the call will be recorded as soon as any first external participant joins. During the call, the host has the ability to remove the bot from the call if required. If you are a User of the Call AI-enabled platform, you are required to exercise your discretion in accepting or declining the call recording option.

As a customer of Mindtickle, if you avail Mindtickle’s Call AI services, you are required to review your call recording policies with your legal team to ensure compliance with applicable laws, if you intend to start recording calls using Mindtickle’s Call AI feature.

3. Use of Information Collected

3.1. Compliance with Our Privacy Policy Statement

We use the information we collect only in compliance with this Privacy Policy Statement.

3.2. We Never Sell Personal Information

Under the California Consumers Privacy Act (CCPA), Sale is defined as “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party” in exchange for “monetary” or “other valuable consideration.” 

Mindtickle uses the information received from its Customers or the Users themselves for the declared business purpose only and does not involve in any process or activity that can be termed as “Selling” under CCPA.

Mindtickle acknowledges that it has not sold User data collected from multiple sources (as described above under Section 1) in the preceding 12 months.

3.3. Use of Information Collected and/or Provided by Customers

Our Customers use Mindtickle’s Service to build training, enablement, and capability-building programs used by their employees, business affiliates & customers. Mindtickle does not control the content of these programs or the types of information that our Customers may choose to collect or manage using the Services. Such information belongs to the Customer and is used, disclosed, and protected by them according to the Customer Agreement. Mindtickle processes Customers’ information as they direct and in accordance with the Customer Agreement, and we store it on our service provider’s servers, but we do not have control over its collection or management. Our Customer Agreements prohibit us from using that information, except as necessary to provide and improve the Services and for general business purposes, as permitted by this Privacy Policy Statement, and as required by law.

Agents, technology vendors, and/or contractors of Mindtickle may have access to an individual’s Personal Information on a need-to-know basis for the purpose of performing services on behalf of Mindtickle or providing or enabling elements of the services. All such agents, technology vendors, and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Mindtickle or as otherwise required by law. Mindtickle may be required to disclose Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

3.4. Use of Personal Information

We may use this information

• to improve the experience of an End-User by personalizing our Services
• to respond to users’ inquiries and fulfill their requests. For example, but not limited to sending newsletters & requested information regarding our Services and handling support requests
• to support Customers in their business objectives, including providing data & analysis related to their usage of Services or as otherwise requested by them within the scope of Services in the Customer Agreement
• to communicate with Customers & End-Users and support them during their use of Services
• to send you marketing communications relating to our business or of carefully-selected third parties which we think may be of interest to you, including via email and SMS in compliance with applicable laws (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
• to allow you to participate in contests and other promotional events and to administer these activities (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
• for our business purposes, such as data analysis, audits, fraud monitoring, and prevention, developing new products, enhancing, improving, or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

3.5. Use of Navigational Information

We use Navigational Information to operate and improve our Website, Web Apps, and Mobile Apps. We may also use Navigational Information alone or in combination with Personal Information to provide you with the personalized experience of our Services.

3.6. Security of Your Personal Information

We are committed to ensuring that your information is secure. We use a variety of technical and organizational security measures to help protect your Personal Information from unauthorized access, use, alteration, disclosure, or destruction. However, although we make efforts to protect your privacy, we cannot guarantee that the Website, Web Apps, and Mobile Apps will always be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. If you have reason to believe that your information with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

3.7. Access to Your Personal Information and Recourse

Mindtickle acknowledges the individual’s right to access their Personal Information. However, Mindtickle generally does not receive Personal Information directly from individuals but indirectly, via its customers. In the event that Mindtickle does receive Personal Information directly from individuals or that a Mindtickle customer cannot access the individual’s Personal Information, Mindtickle shall allow individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.

3.8. Sharing of Information Collected

3.8.1. Third-Party Business Partners

Mindtickle may occasionally partner with third parties to market and sell Services. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Mindtickle. In these cases, both parties may share Personal Information that you provide when registering for the co-sponsored event to allow them to contact you regarding products, programs, services, and promotions that they believe may be of interest to you. While Mindtickle chooses to partner with reputable third parties that respect your information, Mindtickle is not responsible for the information practices of its third-party partners. If you do not want us to share your Personal Information with these companies, contact us at privacy@mindtickle.com.

3.8.2. Agents and Service Providers:

Mindtickle contracts with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide Services, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include analyzing data, providing technical services & infrastructure, engaging in consulting, training & content services, etc. When we share information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality, and security of the Personal Information. These companies are authorized to use your Personal Information only as necessary to provide these services to us.

3.8.3. Business Transfers:

If Mindtickle is a party to a merger, acquisition by another company, or its assets are entirely or partially acquired, users’ Personal Information may be among the assets transferred. Mindtickle may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

3.8.4. Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law such as to comply with a subpoena, bankruptcy proceedings, or similar legal process or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. This includes exchanging information with other companies and organizations for fraud protection and credit or payment risk reduction.

3.9. Retention of Information Collected

We may retain collected information as long as we consider it potentially useful for fulfilling the purposes outlined in this Privacy Policy Statement, providing Services or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, unless we are required to delete this information, by law or court order. For clarity, in case a Customer Agreement is in place in which the End Users are represented by the Customer, the Survival terms of the Agreement shall override this section for all information collected through our Services.

4. Users’ Choices About Personal Information

4.1. Accessing, Correcting or Removing Information About Yourself

If you have registered for an account with Mindtickle for using its Web or Mobile apps, your organization’s administrator and you (as per the policies set by the administrator) may generally update your user profile information, organizational information & settings by logging into the applicable Service with your username and password and editing your settings or profile. You can use this provision to correct any errors, outdated information, or omissions in user information that you have provided to Mindtickle’s Services.

Upon request, Mindtickle will also provide you with information about whether we hold any of your Personal Information. If you would like to access, correct, amend, remove, limit or object to the use, processing, or disclosure of any Personal Information about you that has been collected and stored by Mindtickle or request a copy of your personal information in an industry-standard format, please notify us at privacy@mindtickle.com so that we may consider and respond to your request in accordance with applicable law. We will respond to your request to change, correct, or delete your information within 30 days of request and notify you of the action we have taken. If the request is complex or we have received a number of requests from you, we may require an additional time of up to 60 days to complete the request.

In case your data uploaded to the Mindtickle platform is controlled by one of Mindtickle’s Customer organizations and governed by your agreement with the same (e.g. employee agreement, business partnership agreement, etc.), we may need the approval of the Customer before the request can be fulfilled. In such cases, we’ll forward your request to the Customer and inform you.

For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change, or deletion

4.2. Unsubscribing From Our Communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located at the bottom of our emails, or by sending us an email at marketing@mindtickle.com. Customers cannot opt out of receiving transactional emails and notifications related to the Service subscribed by them.

5. Other Important Terms

5.1 Transfer of Data

By using our Services or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information. Unless otherwise agreed to in a separate Customer Agreement, your information may be stored and processed in any country where we have facilities or in which we engage service providers. When we do, we will ensure that an adequate level of protection is provided for the information by using one or more of the following approaches:

• We may transfer personal information to countries that have privacy laws that have been recognized by the country from which the data are transferred as providing similar protections for the data.
• We may enter into written agreements, such as standard contractual clauses, with recipients that require them to provide the same level of protection for the data.
• We may rely on other transfer mechanisms approved by authorities in the country from which the data are transferred.
•  

5.2. Information About Children

Mindtickle’s Website & Services are not intended for or targeted at children under 18, and we do not knowingly or intentionally collect information about children under 18. If you believe that we have collected information about a child under 18, please contact us at privacy@mindtickle.com, so that we may delete the information.

5.3. Changes to this Privacy Policy Statement

Mindtickle performs a review of this Privacy Policy on an annual basis. We will update this Privacy Policy Statement from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes, we will notify you by posting the revised Privacy Policy Statement on our Website. Your continued use of our Services and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy Statement.

The “Effective Date” legend at the top of this page indicates when this Privacy Policy Statement was last revised

5.4. Sensitive Information

“Sensitive Personal Information” or “Special Categories of Personal Data” means Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or concerns health or a natural person’s sex life or sexual orientation, or is used for processing of genetic data, biometric data and/or precise geolocation data for the purpose of uniquely identifying a natural person.

We ask that you do not send us or disclose any “Sensitive Personal Information” or “Special Categories of Personal Data” on or through the Sites or via other means.

5.5. Social Media Features

Our Website includes social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our Website, and our Web Apps and Mobile Apps provide Customers the ability to log-in using Google, Facebook link. These Features may collect your IP address, which page you are visiting on our Website and Web Apps, and may set a cookie to enable the feature to function properly. Such features and widgets are either hosted by a third party or hosted directly on our Website, Web Apps, and Mobile Apps. Your interactions with these features are governed by the privacy policy of the company providing these features.

5.6. Your Consent

By using our Website and/or our Web Apps and Mobile Apps you explicitly consent to our collection and use of your Personal Information as described in this Privacy Policy Statement. Additionally, we may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud-based service providers. If you are a resident in a jurisdiction where the transfer of your personal information to another jurisdiction requires your consent, then it is hereby understood that you provide us your express and unambiguous consent to such transfer.

To reiterate, if we change our privacy policies and procedures, we will post those changes on our Website, Web Apps, and Mobile Apps to keep you aware of what information we collect, how we use it, and under what circumstances we may disclose it.

6. Information Related to Data Collected Through the Services

6.1 Information Related to Data Collected for our Customers:

For the purpose of delivering Services, Mindtickle collects information under the direction of its Customers and has no direct relationship with the individuals whose Personal Information it processes. If you are an employee, partner, or business associate of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the Customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers.

6.2 Access and Retention of Data Controlled by our Customers:

We acknowledge that you have the right to access your Personal Information. Mindtickle has no direct relationship with the individuals whose Personal Information it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Mindtickle’s Customer (the data controller). If requested to remove data we will respond within a reasonable timeframe. In case the Users accessing their rights are authorized by Customers to use the Subscription Services, Mindtickle will forward those requests to the Customer and acts as per their instructions.

We will retain the Personal Information we process on behalf of our Customers for as long as needed to provide services to our customers. Mindtickle will retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Your California Privacy Right

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA”.

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 1 (Information We Collect). We collect this information for the purposes described in Section 3 (Use of Information Collected). Additionally, we share this information with the categories of third parties described in Section 3 (Use of Information Collected). Mindtickle does not sell (as the term is defined in the CCPA) the personal information we collect. Please note that we do use third-party cookies for our advertising purposes as further described in Section 2.4 (Use of Cookies and Other Tracking Technologies).

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@mindtickle.com. We will verify your request using the information associated with your account, including the email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Rights of a User when they use Mindtickle

A User has multiple rights available for them to exercise their right to erasure/forgotten, restriction of processing, correction of inaccurate information, data portability, disclosure of information collected, disclosure of information sold or shared, and opt out of sale or sharing of data.

Users of Mindtickle services or websites may make a request pursuant to their rights by contacting us at ccpa@mindtickle.com or filling out the Access Request Form available on our website.

We will verify your request using the information associated with your account, including the email address. Government identification

Exceptions to the rights of individuals

Mindtickle reserves the right to charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking action requested in cases where it has sufficient reasons to believe that the requests from an individual are unfounded and excessive.

Avoidance of discriminatory practices

Mindtickle acknowledges that it does not involve in any practice that can be discriminatory against individuals and/or customer organization who has exercised their rights available under data protection laws.

Automated Decision Making

Mindtickle does not use the personal information collected from the website for the purpose of automated decision-making. Also, Mindtickle in no way encourages the use of its services (Platform and Mobile App) for the purpose of automated decision-making.

8. Questions, Concerns, or Complaints

If you have any questions about this Privacy Policy Statement or our treatment of the information you provide us, please write to us using the information below:

MindTickle, Inc.
Attn: Data Privacy Officer
535 Mission St, 14th Floor, San Francisco
California 94105, United States of America

or

MindTickle Interactive Media Pvt. Ltd.
Attn: Data Privacy Officer or Grievance Officer
4th Floor, Solitaire World, Baner,
Pune, Maharashtra 411045, India

You can reach out to us at privacy@mindtickle.com and infosec@mindtickle.com

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.