(Last modified June 23, 2022)
By purchasing the Enophone and Membership or downloading, using, or accessing the Eno 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 Eno App and launch of the Eno App for the first time. By submitting personal data to us through the Eno 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 Eno App and do not agree to all the provisions of the Policy, you must delete the Eno App from your Computer.
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 Eno App account, and enable logging in to the Eno App||Companies that provide the infrastructure for the Eno App, such as Amazon AWS|
|Billing information||Charge you for the purchase of the Enophone and your Membership Fees||Payment processors, such as Stripe|
|Shipping Information||Ship your Enophone to you||Third-party delivery services, such as Floship|
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; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; and (3) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. 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.
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
Here is the mailing address for you as well:
Eno Privacy Officer
500 St-Jacques Street, Suite 410
H2Y 1S1, Canada
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.
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 Eno App account for you, to communicate with you, and to provide you with regular access to the Eno App||Your consent in giving us this information and the performance of a contract between you and us|
|Information from the Enophone||Data streamed to the Eno App from the Enophone’s sensors; a unique identifier for the specific Enophone that you purchased||To track your progress using the Enophone, to give you access to customized cognitive training and to adapt the neuroadaptive music available to you through the Enophone; to measure your mental effort and readiness scores; and 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 Eno App)||To train the Eno App’s algorithm to provide you with a more enhanced Enophone and Eno 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 or in the Eno Discord channel||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 ship you your Enophone and communicate with you about shipping||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.
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 Eno 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 Eno 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 Eno App; to improve our ability to measure your level of focus; to measure your efficiency score||The performance of a contract between you and us|
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.
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 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 Eno App, specifically Amazon AWS||Control your logging in to the Eno 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 Membership Fees|
|Shipping Information||Third-party delivery services, specifically Floship||Ship you your Enophone and communicate with you about shipping|
|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|
Eno uses tracking technology (“cookies” and related technology, such as tags, pixels and web beacons) in connection with the Eno App and the Website and by interacting with the Eno 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.
- to enable your signing-in to the Eno App;
- to provide general analytics on the Website and with respect to the Eno App and to conduct research to improve the content of the Eno App and the Website using analytics programs listed above in this Policy;
- to facilitate payment processing;
- to facilitate online advertising, as described more fully below in this Policy; and
- to assist in identifying possible fraudulent activities.
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.
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 Eno 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 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.
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 Eno App. Unless otherwise specified, these permissions apply to the MacOS, Windows and Linux versions of the Eno 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 Eno App.
- Applications –The Eno App may detect the applications that you are using concurrent to your use of the Eno App (user permission only).
- Notifications – The Eno App may send you notifications (user permission only).
- Wi-Fi Connection Information – The Eno App may retrieve network connectivity and speed information from your Computer.
- Bluetooth – The Eno App may connect with the Computer’s Bluetooth capability (user permission only).
You may uninstall the Eno 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.
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 Eno 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.
For our European or U.K. users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable). 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 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) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA or the U.K.
That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. 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.
If you are in the EEA or the U.K., 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.
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.
Eno does not use any automated decision-making processes in providing the Services.
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.
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 Eno App if we make significant changes. If you have an Eno App account, we will also email you to tell you the Policy has been updated, and what the important changes are.