Privacy Policy

(Effective September 15, 2020)

Welcome!

Welcome to Eno! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using the website at https://enophone.com/ or any subdomain thereof (the “Website”), or using the Eno headphone (the “Enophone”) or the Eno application (the “Enowork App”) on your desktop or laptop computer (“Computer”). We want you to know we take your privacy and protection of personal data very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the Services or otherwise interact with us. The Policy also explains your rights under the law, and how you can contact us and the necessary authorities to enforce those rights. We ask that you please read it carefully.

Acceptance

By purchasing the Enophone or downloading, using, or accessing the Enowork App on your Computer, you hereby accept to be bound by the terms of the Policy. You may also have explicitly accepted the Policy following your installation of the Enowork App and launch of the Enowork App for the first time. By submitting personal data to us through the Enowork App, the Website or otherwise, you consent to Eno’s collection, use and disclosure of such personal data in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Services. If you have downloaded the Enowork App and do not agree to all the provisions of the Policy, you must delete the Enowork App from your Computer.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy. 

Personal data we collect from you but only with your consent

What we do with it

Third parties we share it with

Contact information

Communicate with you and manage our relationship, depending on your relationship with us 

Companies that provide our communications services, such as MailChimp

Account information

Manage your Enowork App account, and enable logging in to the Enowork App

Companies that provide the infrastructure for the Enowork App, such as Amazon AWS 

Billing information

Charge you for the purchase of the Enophone and the subscription fees for the Enowork App, if applicable 

Payment processors, such as Stripe

Some Terms

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; and (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada. Eno is committed to adhering to all these applicable Data Protection laws.

Personal data” refers to information that we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

Other terms and definitions used in this Policy may be found in our Terms of Use and will have the same meaning in this Policy as they do there.

About Us and Contacting Us

Mindset Innovation Inc., the company that owns and operates the Eno brand (“Eno”), is a duly-incorporated company under the laws of Canada. Where this Policy refers to “Eno”, it may refer to Mindset Innovation Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns, depending on the context.

Under the GDPR, Eno is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; and the word “processing” is used in this Policy in that way.


If you want to ask us anything about what is in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can email:

Eno Privacy Officer

privacy@enophone.com 

Here is the mailing address for you as well:

Eno Privacy Officer
500 St-Jacques Street, Suite 410
Montréal, Québec
H2Y 1S1, Canada

Your Rights

You have the following rights regarding your personal data held by Eno, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting the price you pay for any of the Services. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Services. 

    • The right to withdraw your consent at any time for Eno to process your personal data;
    • The right to have your personal data erased from Eno’s records;
    • The right to access your personal data and any relevant information around its processing and use; 
    • The right to have a copy of your personal data given to you in an easy to read format so that you can transfer it to another data processor;
    • The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
    • The right to opt out of marketing communications we send you, at any time, and the right to refuse any marketing targeted at you by Eno;
    • The right to know whether Eno shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
    • The right to demand that Eno not sell your personal data; and
    • The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law.

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above or refer to certain relevant sections further in this Policy. 

Personal Data Collected from You and What We Use It For

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Eno.

Personal data category

Personal data processed

What we use it for (the “purpose” of processing)

Legal basis for processing under the GDPR

Contact information

Your name and email address

To communicate with you

Your consent in giving us this information

Account information

Your name, email address, username and password

To create an Enowork App account for you, to communicate with you, and to provide you with regular access to the Enowork App

Your consent in giving us this information and the performance of a contract between you and us 

Information from the Enophone

Your EEG data, which is raw data that records the electrical activity of your brain; a unique identifier for the specific Enophone that you purchased

To track your progress using the To track your progress using the Enophone, to give you access to customized focus training and to adapt the neuroadaptive music available to you through the Enophone; to maintain our purchase records and for the purpose of the Enophone warranty

Your explicit consent in giving us this information and the performance of a contract between you and us 

Information for the Enowork App

Your gender, handedness (left-handed or right-handed) and your year of birth (this information comprises your “brain profile” in the Enowork App)

To train the Enowork App’s algorithm to provide you with a more enhanced Enophone and Enowork App experience

Your consent in giving us this information

Blog post comments

Any personal data submitted via the posting of comments on Eno’s blog posts

To share with the Eno online community 

Your consent in giving us this information

Billing information

Credit card holder name, number, expiration date, CVV number and billing address

To allow you to pay for the Enophone and the subscription fees for the Enowork App, if applicable

Your consent in giving us this information and the performance of a contract between you and us

Where you have provided personal data further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, we will no longer be able to provide certain Services to you. 

Personal Data Collected About You from Third Parties and What We Use It For

Sometimes we get personal data about you from third parties. This table explains the details about this personal data – what it is, where it came from, what we do with it, and legal basis for us having and processing this personal data under the GDPR. Under PIPEDA, the legal basis is your informed consent. 

Personal data category

Personal data processed

Who we get the data from

What we use it for (the “purpose” of processing)

Legal basis for processing under the GDPR

Contact information

Your name, email address and purchase details, to the extent that this is personal data

Companies where you may have purchased purchase the Enophone, such as Kickstarter, Indiegogo, Backerkit, Shopify and Woocommerce

To contact you in order to provide you with access to the Enowork App; to send you promotional emails and newsletters about the Services 

Your consent and the performance of a contract

App usage

Apps on your Computer that you are using while you have the Enowork App open on your Computer

Your Computer’s operating system

To show you what apps distract you and what makes you the most focused, and to optimize and personalize your use of the Enowork App; to improve our ability to measure your level of focus 

The performance of a contract between you and us

Sensitive Personal Data

The EEG data that we collect through your use of the Enophone is considered sensitive personal data under the GDPR. This sensitive personal data is only collected, used and disclosed as described elsewhere in this Policy. 

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table below, along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area — please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of Eno’s Terms of Use or other contract that governs your relationship with us; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Enowork App and Website infrastructure or the internet in general (such as voluminous spamming or denial of service attacks). 

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Eno (in which case we will require such entities to honour this Policy); (2) if Eno merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell your personal data to any third party for direct marketing purposes or any other purpose. 

Personal data category Who we transfer it to What they do with it
Contact information Companies that provide email services, specifically Mailchimp and Microsoft, as detailed more fully in the Email Communications section below; companies that provide us with marketing services  Send you emails
Account information (including contact information) Companies providing technical infrastructure for the Enowork App, specifically Amazon AWS Control your logging in to the Enowork App so that it can be provided to you, and for record-keeping
Billing information Payment processing companies, specifically Stripe Process your payments for your your purchase of the Enophone and your payment of the subscription fees for the Enowork App, if applicable
Analytics identifiers Companies that provide data analytics, specifically Google Analytics  Provide us with analytics as to how the Website is used and to trace fraudulent activities
Advertising identifiers Companies that provide ad networks, like Facebook, Twitter and Google, and as further detailed in the Eno Advertising section below Show you ads for Eno and the Enophone when you are on the internet

Tracking Technology (“Cookies” and Related Technologies)

Eno uses tracking technology (“cookies” and related technology, such as tags, pixels and web beacons) in connection with the Enowork App and the Website and by interacting with the Enowork App and the Website you agree to their use. Cookies are small text files placed on your Computer when you visit a website or use an online service, in order to track use of the site or service and to improve the user experience by storing certain data on your Computer.  

Specifically, we use cookies and related technologies for the following functions:

  • to enable your signing-in to the Enowork App;
  • to provide general analytics on the Website and with respect to the Enowork App and to conduct research to improve the content of the Services using analytics programs listed above in this Policy;
  • to facilitate online advertising, as described more fully below in this Policy; and
  • to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:

Please note that deleting or blocking certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use our Services. Furthermore, deleting certain cookies may prevent certain functions, or the entirety of the Services, from working at all. 

Email Communications and Compliance with Anti-Spam Laws 

Eno uses MailChimp and Microsoft Office 365 to manage our mailing list and send out promotional emails, newsletters and to provide you with information on new Enophone or Enowork App features (the “Email Service Providers”). Personal data is transferred to the Email Service Providers in order to manage the mailing list and for the emails to be sent out properly. Your contact information is only used to send out emails; the Email Service Providers do not use this personal data for any other purpose, and will not transfer or sell your personal data to any other third party. For more information, please refer to MailChimp’s Security Policy and Microsoft’s Privacy Statement.

You may unsubscribe from Eno’s mailing list at any time, by following the link at the bottom of all Eno emails. Other types of emails, such as transactional, relational, and other emails related to the Services will not have an opt-out option as they are necessary for the use of the Services. 

Eno’s practices with respect to its email are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

Eno Advertising and Opting Out 

Eno currently uses the following platforms to display advertisements to you while you are browsing on the internet: Facebook, Twitter, Quora, YouTube, Google, Spotify, Reddit, Microsoft and LinkedIn. By visiting the Website, you consent to this use. You can always opt out of such advertising. For information on how to do so, please contact our Privacy Officer at the contact information above or visit the website of each platform for assistance.

How the Application Accesses Your Computer

The following is a complete listing and description of what functions on your Computer that were developed by third parties are accessed and / or modified by the Enowork App. Unless otherwise specified, these permissions apply to the MacOS, Windows and Linux versions of the Enowork App. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Enowork App.

  • Applications –The Enowork App may detect the applications that you are using concurrent to your use of the Enowork App (user permission only).
  • Notifications – The Enowork App may send you notifications (user permission only).
  • Wi-Fi Connection Information – The Enowork App may retrieve network connectivity and speed information from your Computer.
  • Bluetooth – The Enowork App may connect with the Computer’s Bluetooth capability (user permission only). 

Uninstall of the Enowork App

You may uninstall the Enowork App; uninstall methods may vary depending on your Computer or MacOS, Windows or Linux version. Eno has no control over the uninstall function and denies any responsibility for your use thereof, and any data or personal data sent to third parties as a result of such activity. 

How We Protect Your Personal Data

We have implemented very strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.

Eno uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Eno uses Amazon AWS, recognized as a leader in secure data, for hosting of the Enowork App and the Website and related data, and storage of data including personal data.

Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for internet data transfer and transactions. You can use your browser to check Eno’s valid SSL security certificate. 

Transfer of Your Personal Data Outside of the European Economic
Area (EEA)

For our European users, we endeavour to keep your personal data inside the EEA. However, certain of our data processors (and Eno) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

  • Canada. Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
  • The United States. Your personal data is only transferred to companies in the United States that: (1) participate in the Privacy Shield; and (2) have signed agreements with us or have informed us that they are GDPR-compliant.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the Services.

Supervisory Authorities and Complaints

If you are in the EEA, under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about Eno’s data practises, we invite you to contact the supervisory authority in your country. If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l’Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Account Information for as long as you have an account with us. 

Automated Decision-Making

Eno does not use any automated decision-making processes in providing the Services.

Children’s Privacy Statement

The Services are not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Services, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a notice on the Enowork App if we make significant changes. If you have an Enowork App account, we will also email you to tell you the Policy has been updated, and what the important changes are.