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Privacy Policy

Last Updated: April 14th, 2022

Absolutely Mental, LLC (“Absolutely Mental,” or “we,” “us,” “our”) respects your concerns about privacy and values its relationship with you. In this Privacy Policy (“Privacy Policy”) we describe the types of information we collect from and about you through our website, www.absolutelymental.com, and our “Absolutely Mental” podcast (“Podcast”), whether accessed via computer, mobile device (including via the Absolutely Mental mobile application or “App”) or other technology (collectively, the “Services”). We also describe how that information may be used, with whom it may be shared, and how you can reach us to get answers to questions you may have about our privacy practices. Finally, we also set forth certain legal rights you may have, subject to applicable law, and how you can exercise them.

Please read this Privacy Policy carefully, because by using the Services you are acknowledging that you understand and agree to the terms of this policy. In addition, please review our Terms of Use, which governs your use of the Services.

We encourage you to contact us with any questions.

1. WHAT IS PERSONAL INFORMATION?

For purposes of this Privacy Policy, when we say “Personal Information” we mean information that specifically identifies an individual (such as a name, address, telephone number, mobile number, email address, or photograph), or information about that individual that is directly linked to personally identifiable information. Personal Information includes “personal data” as defined by the European Union’s General Data Protection Regulation (“GDPR”) and “personal information” as defined by the California Consumer Privacy Act (“CCPA”).

Personal Information does not include “aggregate information”, which is data we collect about the use of the Services or about a group or category of services or users from which individual identities or other Personal Information has been removed. Personal Information also does not include Usage Information (as defined below) or Device Identifier (as defined below) that is not connected to Personal Information.

2. INFORMATION COLLECTED ON OUR SERVICES

Information You Provide to Us Directly

Information Collected When You Purchase a Season. If you choose to purchase a season of the Absolutely Mental podcast, you will be required to provide your payment card information, which can include your name, card number, expiration date, security code, and billing address. This information will be collected and stored by our third-party payment processors. We also ask for your name and email address so that we can send you a confirmation email and a private RSS feed link.

Information Collected When You Email Us to Ask a Question or Request Customer Service, or When You Communicate with Us Via a Third-Party Social Media Platform. When you contact us through the integrated chat feature on our website, by email, or through our branded social media accounts, we may collect your name, email address, social media username, and the contents of your communication, which can include any information you choose to provide. We strictly use that information to provide the service or support you have requested.

Information Collected When You Send a Season as a Gift. Our Services allow you to send a season of Absolutely Mental as a gift to another person. In these cases, we will use the recipient’s email address solely to deliver the private RSS feed link.

Information We Collect by Automated Means

We also collect certain information automatically as you navigate our Services or interact with our communications, including the following:

  • Information About the Devices You Use to Access our Services. This can include your internet protocol (IP) address or other unique device identifier, hardware model, operating system, and browser type.
  • Details About Your Interactions With our Services. This includes information such as the date, time, length of stay, and specific pages or features accessed during your visit.
  • Usage Information. This includes the number and frequency of visitors to our Services; and
  • Location Information. This includes general location information inferred from your IP address.

Cookies and Similar Technologies: We may collect some of the information above using cookies or similar technologies. Cookies are small data files that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We use these technologies to help our Services run effectively. For instance, we use a cookie on our Site that remembers your preferences with respect to our video player option (e.g., volume, playback speed). You can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Please refer to the guidance offered by your chosen web browser if you’d like help managing your cookie preferences. Please note that if you chose to remove or reject cookies, this could affect the availability and functionality of our Services.

Analytics: We also use third-party analytics tools to help us measure traffic and usage trends on our Services. For instance, we use Google Analytics and Firebase to collect and analyze aggregate information about our users’ engagement with our Services.

Information We Collect from Other Sources

We may also obtain Personal Information from other sources. For instance, we may collect Personal Information about you from:

Payment Processors. In general, when you purchase a season of Absolutely Mental, your payment card information is provided directly to our third-party payment processor and Absolutely Mental does not collect or store that information. However, we may receive limited information about your payment card such as the last four digits of your card, the country of issuance, and the expiration date.

Another Individual. We may collect Personal Information from another individual if that person provides us with your email address in order to gift you a season of the Absolutely Mental podcast.

Third-Party Platforms. We may also receive certain non-Personal Information from the podcast app you use to listen to Absolutely Mental or from third-party app stores such as Apple’s App Store and Google’s Play Store when you use those platforms to install our App. This includes aggregate user statistics which cannot reasonably be used to identify you.

We may combine the information we collect about you from these various sources. If a combination of information that we collect identifies you as an individual, we will treat the combined information as Personal Information.

3. HOW WE USE THE INFORMATION COLLECTED

We use Information described above to do the following:

  • To provide the Services or information you request, including processing your purchases.
  • To communicate with you and respond to your questions, inquiries, comments, requests, and suggestions.
  • To communicate with you, from time to time, about products, services, offers, promotions, and events we may offer;
  • To provide notifications and reminders, including through push notifications;
  • To request feedback or otherwise contact you about your use of the Services;
  • To monitor and analyze Services usage and trends and otherwise measure the effectiveness of the Services;
  • To identify, fix, and troubleshoot bugs and service errors;
  • To send you confirmations, updates, security alerts, and support and administrative messages;
  • To protect against, identify, investigate and respond to misuse of our Services or other unlawful behavior;
  • To notify you about important changes to our Services; and
  • To carry out any purpose described to you at the time the information was collected.

4. WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?

We may share information about you with certain third parties in the following circumstances:

Companies under Common Control. We may share information between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with Absolutely Mental.

Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the Services, and to respond to your inquiries, we may share your Personal Information or Usage Information with third parties that perform functions on our behalf, such as companies or individuals that host or operate our Services, analyze data, or provide customer service.

Business Transfers. We may share Personal Information with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.

Legal Disclosure. We may transfer and disclose information, including your Personal Information and Usage Information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Services or the public.

Consent. We may share Personal Information with third parties with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information.

We may also share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information, which cannot reasonably be used to identify you for various purpose including compliance with various reporting obligations and for business or marketing purposes.

5. OUR LEGAL BASES FOR HANDLING YOUR PERSONAL INFORMATION

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to use or disclose your Personal Information. To the extent those laws apply, our legal grounds are as follows:

Legitimate Interest. In most cases, we handle Personal Information on the ground that it furthers our legitimate interest in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

  • Providing the Services pursuant to our contract with our listeners;
  • Marketing our business;
  • Protecting our listeners, personnel, and property; and
  • Analyzing and improving our business.

Legal Compliance. We may need to use and disclose Personal Information in certain ways to comply with our legal obligations.

To Honor Our Contractual Commitments to an Individual. Some of our processing of Personal Information is to meet our contractual obligations to the individual to whom the Personal Information pertains.

Consent. Where required by law, and in some other cases, we handle Personal Information on the basis of implied or express consent.

6. YOUR RIGHTS AND CHOICES

You have a variety of rights and choices related to our use of your Personal Information.

Opting Out of Email Marketing. From time to time, we may send you emails notifying you of news (such as an announcement that a new season is available for purchase) or offers (such as a holiday sale ) that we believe may be of interest to you. You can opt out of receiving our promotional emails at any time by following the instruction included in those emails. Please be aware that it may take up to 10 days for use to process your request, and you may continue receiving promotional communications from us during that period. If you opt out of receiving such communications, please be aware that we may continue to send you non-promotional emails (such as emails related to our business relationship or emails about changes to our legal terms).

Restricting Cookies/Do Not Track. Our Services are not currently designed to respond to web browser “do not track” signals. However, you can configure most browsers to reject cookies or to notify you when you are sent a cookie, giving you a chance to decide whether or not to accept it. You can consult the help section of your browser to find out how to do this. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. In the event that a universally accepted standard emerges on how organizations should respond to “do not track” signals, we will assess and provide an appropriate response to those signals.

Disabling Push Notifications. With your consent, we may share push notifications or alerts to your mobile device. We use push notifications to inform you of important updates and to send you various reminders. You can manage or deactivate these notifications at any time by turning off the notifications setting in the App or by disabling notifications through the device settings on your mobile device. If you choose not to receive push notifications, you may still receive in-App notifications.

Accessing, Updating, or Deleting Your Information. If you would like to access, update, or delete Personal Information you have provided you may do so by emailing us at info@absolutelymental.com. Please note that if you choose to close your account, we may keep certain Personal Information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also keep cached archived copies of Personal Information for a certain period of time.

Data Requests. Depending on your location, you may be eligible to request that we provide access to and/or a copy of certain Personal Information we hold about you; ask that your Personal Information be corrected, updated, or erased; object to our processing of your Personal Information; request that we restrict certain processing; transfer your Personal Information to a third party; or honor your withdrawal of consent for certain processing of your Personal Information. We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interest or to comply with a legal obligation. Before responding to your request, we may require that you provide us with additional information to confirm your identity. You have the right to lodge a complaint with the authorities applicable to your situation. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

Notice of Collection: In addition to the rights and choices described above, the CCPA requires disclosure of the categories of Personal Information collected over the past 12 months. While this information is covered in greater detail in Section 2, “Information Collected on Our Services” above, the categories of Personal Information that we have collected – as described by the CCPA – are:

  • Identifiers, including your name, email address, and IP address;
  • Other individual records, such as the last four digits of your payment card. This category includes Personal Information protected under Cal. Civ. Code 1798.80e and overlaps with other categories listed here;
  • Commercial information, such as the seasons you have purchased and your engagement with our Services;
  • Internet activity, including your navigation of our Services; and
  • Geolocation data, including general location data derived from IP addresses.

Business or Commercial Purpose for Collecting and Using Personal Information. We collect each category of Personal Information listed above for the business or commercial purposes described in Section 3, “How We Use the Information Collected” above.

Categories of Sources of Personal Information. We collect each category of Personal Information listed above directly from you, through automatic data collection means, or through the third-party sources described in Section 2, “Information Collected on Our Services” above.

Categories of Personal Information Disclosed. In the preceding 12 months, we have disclosed the categories of Personal Information listed above in the circumstances described in Section 4, “What Personal Information Do We Share with Third Parties” above.

Right to Opt Out of the Sale of Personal Information. Absolutely Mental does not sell Personal Information to third parties. However, the term “sale” is defined broadly in the CCPA. To the extent that “sale” under the CCPA is interpreted to include any of the data uses described in above (including certain data collection on our Services by third parties for the purposes of providing analytics services), California residents are entitled to opt out of the “sale” of their data at any time. To opt-out please email us at info@absolutelymental.com.

Shine the Light. California Civil Code § 1798.83, also known as the “Shine The Light” law, permits 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. Absolutely Mental does not share Personal Information with third parties for their direct marketing purposes.

7. LINKS TO OTHER SITES

We may provide links to third-party websites, services, and applications that we do not own or operate. This Privacy Policy does not apply to the privacy practices of those third parties. The fact that we link to a websites, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy policies of any third-party service before providing any Personal Information to or through them.

8. HOW WE PROTECT INFORMATION

We maintain certain administrative, technical and physical safeguards to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.

9. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We only keep your Personal Information for so long as reasonably necessary for the purposes described in this Privacy Policy, as required by law, or as necessary to resolve disputes and enforce our rights and agreements. To dispose of Personal Information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup or business continuity purpose for additional time.

10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States where we are based or in any country where we have operations or where we engage vendors or service providers. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.

11. CHILDREN

Our Services are directed at adults and we do not knowingly collect Personal Information from children. If you are a parent or legal guardian and think your child under 13 (or a higher age threshold where applicable) has given us Personal Information without your consent, please contact us at info@absolutelymental.com.

12. UPDATES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time to time to reflect changes in our practices or in the law. If we make changes to this policy, we will post the updated Privacy Policy on our website and indicate when it was last revised. You are advised to review this policy periodically to stay informed of our practices. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. Your continued use of the Services after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy, to the extent permitted by law.

12. HOW TO CONTACT US

If you have any questions or comments about our Privacy Policy or how we protect your Personal Information, please contact us at info@absolutelymental.com or you may write us at: 16633 Ventura Blvd., Suite 815, Encino, CA 91436

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