Privacy Policy (Updated March 15, 2020)

We know privacy and transparency is very important to our users. Please do not hesitate to reach out to us at drew@wellnest.co if you have questions.

Privacy is extremely important to us.

Your journal is completely private. No one, including anyone on the Wellnest team, will ever have access to your journal entries.

Welcome to Wellnest!

The following document sets forth our “Privacy Policy” which governs our use of the personal information you submit through your use of our Service (as defined below). Please read our Privacy Policy carefully.

By using our Service (as defined below), you agree to be bound by it. If you do not agree with any part of our Privacy Policy, please do not use the Service.

  1. Introduction
    1. Privacy is very important to us as it helps develop confidence, trust and stronger relationships with our customers. If you have questions or concerns about our privacy policy or terms of use, please contact us at drew@wellnest.co.
    2. Wellnest, Inc. is the owner of the Wellnest mobile and web application ("Wellnest" or the "App"). Wellnest is a mobile and web application that allows its users to create and maintain a personal mobile journal through daily check-ins, free-thought and guided mindfulness exercises (the "Service"). Wellnest is free to use and, for the purpose of this Agreement, will be referred to as "Wellnest," the "App," or the "Service", unless otherwise indicated.
    3. The Privacy Policy goes hand-in-hand with our Terms of Use. Our Terms of Use can be found at the bottom of our website, wellnest.co. Please read them together.
    4. Wellnest is the responsible party or data controller regarding Personal Information collected through our Service. If you have any questions or concerns about your data, privacy, or our Terms of Use, please email us at drew@wellnest.co.
  2. Privacy Statement
    1. Our Privacy Policy explains how we collect, use, maintain and disclose your Information. This includes information that could be used to identify a specific User (“Personal Information”), and other information that does not constitute Personal Information (“Non-Personal Information”) that is collected from you while using our Service. We take the privacy of your Personal Information very seriously. All individuals whose responsibilities include the procession of any Personal Information are required to follow our Privacy Policy, effective March 15, 2020.
  3. Purpose of our Privacy Policy
    1. Our Privacy Policy ensures that we have standards in place to protect the Personal and Non-Personal Information that we may collect from you while using our Service. Collecting your Personal Information may be necessary for providing our Service, and is a consequence of the normal operations of our business. We published this Privacy Policy to make it easy for you to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights you have over your Personal Information or data in our possession.
  4. Consent
    1. When you use our Service or allow someone to use our Service on your behalf, you consent to our collection, use, disclosure, transfer and storage/retention of any of the Personal and Non-Personal Information or other information received by us as a result of your use, all in accordance with this Privacy Policy.
  5. A Note about Children
    1. If you are under the age of 13, you may not use the Service. We do not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has used our Service and provided Personal Information to us, please contact us, and we will work to delete that user’s Personal Information from our servers. If you are under the age of 18, you must have your parent's permission to access and use our Service.
  6. Journaling
    1. No one, including anyone on the Wellnest team, will ever have access to your journal entries. We can never read, use or share any encrypted journal entry.
    2. Even if you choose not to encrypt your entries, we will never read your entries and we will never share them with anyone.
  7. The Information We Collect
    1. In the course of business it may be necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, contact the individual in the ordinary course of business and transact with the individual. We require this information in order to verify the identity of our Users, to protect our Users, and to ensure the integrity of the Service.
    2. We will collect Personal Information from you only if you, or an authorized individual, whom you have authorized to share data about you (the “Authorized Agents") voluntarily submit such information to us while using our Service. You and/or the Authorized Agent can refuse to supply Personal Information, except that it may prevent you from engaging in parts of the Service.
    3. Without limitation, the types of information we may collect are:
      1. Aggregated Data. So that we can continually improve our Service, we and our analytics partners may conduct research on user demographics, interests, and behavior while using our Service. This is based on information that we have collected, and may be compiled and analyzed on an aggregate basis;
      2. Statistical Information. We and our analytics partners may collect information about a User's online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes;
      3. Communications and Workflow. We may collect information about a User’s activity and engagement when the User uses the Service. We will never collect information about a User’s private communications or journal entries, but some Users may choose to communicate in our public forums;
      4. Contact Information. We may collect information such as your email address, and other information that allows us to contact you and is also considered Personal Information under United States Law;
      5. Financial Information. We don't directly collect or process financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Service (the "Financial Information"). However, Apple and Google collect Financial Information with respect to in-app purchases made through the App and our payment processor collects Financial Information with respect to purchases made through our website wellnest.co. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored, and your credit card’s type, expiration dates, billing address, and the last four digits of your card number;
      6. Personal Information. We may collect personal details such as your name, location, and other information defined as “Personal Information” that allows us to identify who you are and provide certain features of the Service. We may utilize this information in order to adapt our Service to Users’ needs or to develop new tools for the community;
      7. HealthKit. Users who are using IOS devices may opt-in in the App settings to allow the Service to provide data regarding the amount of minutes journaling to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes;
      8. Other Information. We may collect other Personal Information about you, which we will maintain according to this Privacy Policy. We may also collect non-Personally Identifiable Information about you such as information about your network, device, or operating system. Finally, we may collect any personal correspondence that you send directly to us, or that is sent to us by others about a User’s activities.
  8. How Information is Collected
    1. Most information is collected in association with your use of the Service. In particular, information is likely to be collected as follows:
      1. Account. When you open an account on the application and submit your personal details, or when you enter Personal Information details through another process in order to receive or access something;
      2. Contact. When you contact us in any way.
      3. Cookies & Similar Technologies. When you use the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use our Service, and to provide features to you. We use cookies to make your use of our Service as convenient as possible. Cookies are useful to estimate our number of visitors and to determine overall traffic patterns through our website and App. If you do not wish to receive any cookies you may set your device to refuse cookies. This may mean you will not be able to take full advantage of our Service.
      4. Analytics Software. We may use analytics software provided by third parties to allow us to better understand the functionality and the usage of our Service on your phone or other device. This analytics software may record information such as how often you engage with the Service, the events that occur within the Service, aggregated usage and performance data, and where the App was downloaded from. We may link the Personal Information we store within the analytics software to any Personal Information you submit within the App while using it.
      5. Flash LSOs. If we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser or mobile phone will not remove Flash Cookies.
      6. Log files. If you access certain portions of our Service, we will gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and better tailor our Service to our Users’ needs.
      7. Marketing and Web Surveys. We may conduct online research surveys through email invitations, surveys and online focus groups. When participating in a survey, we may ask you to enter Personal Information. We may use the Personal Information you submit in a survey for research and measurement purposes, as described below, including to measure the effectiveness of content, advertising or programs. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13.
      8. Public Forums. Wellnest may host public forums where Users can share information and support one another. Our forums are open to the public and should not be considered private. Any information (including Personal Information) you share in any online forum is by design open to the public and is not private. Please think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. If you mistakenly post Personal Information in our Public Forums and would like it removed, you can send us an email at drew@wellnest.co to request that we remove it. In some cases, we may not be able to remove your Personal Information.
      9. Uploads. When you upload or generate User content, such as photos, videos, text, comments, using our Service.
      10. Social Media Features. Our Service may include social media features. These features may collect your IP address and which page you are visiting on our Service, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Service. Your interactions with these features are governed by the privacy policy of the company providing them.
      11. Phishing. It has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing”. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a website that does not seem to be affiliated with us, or that otherwise seems suspicious to you, do not provide such information, and report the correspondence to us at drew@wellnest.co.
      12. Third Party Links. Our Services may contain links to third party websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. If you submit personal information to any of those sites, your information is governed by their privacy policies. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
    2. We understand that there are many circumstances in which we may collect information, and we work hard to ensure that you are always aware when and how your Personal Information is being collected.
  9. The Safety & Security of Personal Information
    1. Data Hosting. We are committed to protecting the security of your Personal Information. We use a variety of state of the art encryption technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we take extraordinary efforts to protect your Personal Information, we cannot guarantee its absolute security.
    2. Third Party Use. We are not responsible for the privacy or security practices of any third party; this includes third parties to whom we are permitted to disclose your Personal Information in accordance with this policy or any applicable laws. The collection and use of your information by these third parties may be subject to separate privacy and security policies.
    3. Unauthorized Access. If you suspect any misuse, loss of, or unauthorized access to your Personal Information, please let us know immediately at drew@wellnest.co.
    4. Authorized Use. We are not liable for any loss, damage, or claim arising out of another person’s use of the Personal Information where we were authorized to provide that person with the Personal Information.
    5. Location of our Servers. All data you provide to us through the Service is stored on servers located in the United States and managed by Amazon Web Services, Inc.
  10. When we contact users
    1. Service Announcements. On rare occasions it is necessary to send out a strictly Service related announcement. For instance, if our Service is temporarily suspended for maintenance we might send Users an email. Generally, Users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
    2. Customer Service. We communicate with Users on a regular basis to provide requested Service and in regards to issues relating to their account.
  11. When personal information is shared or disclosed
    1. Time Period. We may retain your Personal Information as long as you continue to use our Service. You may close your account by contacting us, but we may retain Personal or Non-Personal Information for an additional period as is permitted or required under applicable laws. Even after we delete your Personal Information, it may persist on backup or archival media for an additional period of time.
    2. Agents, Consultants, and Related Third Parties. Like many businesses, we sometimes have companies perform certain business-related functions for us. These companies include our marketing agencies, analytics service providers, database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company, we may provide them with information, including Personal Information, so they can perform their designated functions.
    3. Partnerships. From time to time, we may partner with other businesses to improve our Service (like offering new features and/or branded content). In order to execute these partnerships, we may have to share some of your Personal Information (such as your email address BUT NEVER your journal entries) with these third party partners but we will not do it without your explicit consent. In some circumstances, we may disclose some of the Personal Information that you have provided to Wellnest to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our Users’ experiences by offering you integrated or complementary features, complementary services or bundled pricing options.
    4. Business Operations. Your Personal Information is used to operate our business. These business operations may include:
      1. The provision of Service between you and us;
      2. Verifying your identity;
      3. Communicating with you about:
        1. Your relationship with us;
        2. Our goods and services;
        3. Our own marketing and promotions to Users and prospects;
        4. Competitions, surveys and questionnaires;
    5. Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
    6. IP Address. We use your IP address to help diagnose problems with our Service or server, and to administer our Service. We use tracking information to determine which areas our App or site Users visit based on traffic to those areas. Wellnest does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative Service for you.
    7. Improve Customer Service. Information you provide helps us respond to your customer service requests and to support your needs more efficiently.
    8. Payments. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the Service.
    9. Personalize Your Experience. We may use information in the aggregate to understand how our Users as a group use the Service.
    10. Service Improvement. We may use feedback you provide to improve our products and Service.
    11. User Testimonials and Feedback. We often receive testimonials and comments from Users who have had positive experiences with our Service. We occasionally publish such content. We may post user feedback on our website from time to time. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with your site, you should be aware that any Personal Information you submit there can be read, collected, or used by other Users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
    12. Disclosure. There are a few circumstances where we must disclose an individual’s information:
      1. Where we reasonably believe that an individual may be engaged in fraudulent, deceptive, or unlawful activity that a governmental authority should know about;
      2. In response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
      3. To protect the rights, property, or personal safety of another user or any member of the public;
      4. As required by any law;
      5. In the event we sell our business and may need to transfer Personal Information to a new owner;
      6. In special cases, such as in response to a physical threat to you or others.
    13. Non-Disclosure. We promise not to disclose or sell your Personal Information to unrelated third parties under any circumstances. We do not sell, trade, or rent your personal identification information to others. In any case, Wellnest does not make your Personal Information available to third parties for their marketing purposes without your consent. All User journal entries are stored locally on their phone and we cannot read, share or use them for any purpose.
  12. Your California Privacy Rights
    1. California Civil Code Section § 1798.83 permits users of our Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to drew@wellnest.co
  13. How to Update Information
    1. Your information can be updated by you in the App. For any questions on how to do it or if you have issues in doing so, please contact us at drew@wellnest.co. It is your responsibility to provide us with accurate and truthful information. We cannot be liable for any information that is provided to us that is incorrect.
  14. Your Choices regarding Information
    1. Email Communications. We will periodically send you free newsletters and emails that directly promote the use of our Service and/or our partners' services if you specifically opt-in for such communications. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information below). Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
    2. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
    3. Accessing, Changing or Deleting your Personal Information. You may change any of your Personal Information in your Account by editing your profile within your Account or by sending an e-mail to us at drew@wellnest.co. You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain some of your information for fraud or similar purposes.
    4. App Notifications. If you no longer wish to receive push notifications, you may turn them off at your device level.
  15. Complaints and Disputes
    1. If you have a complaint about our handling of your Personal Information, please address your complaint in writing to drew@wellnest.co.
    2. If we have a dispute over handling of your Personal Information, we will first attempt to resolve the issue directly between us.
    3. If we become aware of any unauthorized access to your Personal Information we will inform you at the earliest practical opportunity, once we have established what was accessed and how it was accessed.
  16. International Privacy Laws
    1. This Service is intended for use only in the United States. If you are visiting the Service from outside the United States, please be aware that you may be sending information (including Personal Information) to the United States, where some of our servers are located. That information may then be transferred within the United States or back out of the United States, depending on the type of information and how it is stored by us.
    2. We hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Information may be subject to lawful access requests by government agencies.
    3. European Economic Area (EEA). We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
    4. Data Protection Authority. Subject to applicable law, if you are a citizen or resident of the European Economic Area, you also have the right to object to Wellnest’s use of your Personal Information and to lodge a complaint with your local data protection authority.
  17. Additions/Modifications to this Policy
    1. We may revise from time to time our Privacy Policy. If we make any material changes to our Privacy Policy, we will post updates on the Service and/or we'll notify you by sending you an email or other notification as required by applicable law (the “Modifications”). Modifications are effective immediately following the "Updated” date, or the date communicated in any other notice to you. Please review this Privacy Policy periodically for changes, and especially before you provide any Personal Information. By continuing to use our Service after the effective date of any Modifications to our Privacy Policy, you accept those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing, and otherwise using the Service.
  18. Contacting Us
    1. If you have any questions about this Privacy Policy or your dealings with our Service, please contact us at drew@wellnest.co.