Introduction

We at Mind the Product (“Mind the Product”, “we”, “us”, “our”) brought to you by Pendo.io, Inc. know you care about how your personal information is used. This Privacy Policy describes the types of personal information we collect about you, how we use it, and to whom we disclose it, including the personal information we collect about you, including on or through the Mind the Product website, any other websites or online services on which we post this Privacy Policy, and offline information collection, such as at conferences and events (collectively, the “Services”). This Privacy Policy does not apply to other sites and services operated by Pendo.io, Inc. on which Pendo.io posts a different privacy policy. It also does not apply to the practices of entities or individuals we don’t control, such as other users of the Services.

By using or accessing our Services, you accept the practices and policies outlined below, and you acknowledge that we will collect, use and share your information as described in this Privacy Policy. If you do not agree to the practices described in this Privacy Policy, you may not access or use the Services. Your use of Mind the Product’s Services is at all times subject to the applicable Terms of Use governing memberships and website access and conferences and events, each of which incorporates this Privacy Policy. 

For purposes of data protection laws, Pendo.io, Inc. is the controller of your personal information.

1. Information We Collect 

We collect information about you in multiple ways, including when you provide information directly to us, when we receive information from other parties, and automatically through your use of the Services. Such information may include:

a. Information you provide us directly

We may collect information directly from you in various ways, such as when you create an account with us, contact us about the Services, provide us with feedback, or register or attend one of our events or conferences. The types of information we may collect from you directly include:

● Name

● Email address

● Job title

● Current employer

● Password

● Payment information

● Feedback

● Interests, e.g. in events and conferences

b. Information we receive from unaffiliated parties 

We may receive information about you from unaffiliated parties. For example, you may provide us with information about your social media accounts maintained by unaffiliated parties. We may receive certain information about you from those social media accounts, including your social media contacts. We may also receive information from vendors, including data aggregators, to [generate leads and create user profiles]. Users may also provide us with information about their colleagues or other acquaintances through referrals or other communications with us.

If you use a third party account (e.g., Google or LinkedIn) to sign in to the Services, you give permission to that third party to share certain information with us, such as your name, profile photo, and email address.

c. Information we collect automatically 

i. Device/Usage Information

We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as (a) IP addresses, general location information (e.g. inferred from a IP address), unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

ii. Cookies and Other Electronic Technologies

We may also collect data about your use of the Services through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather additional information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g. Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

iii. Location Data 

Users may provide their location as part of their profile on mindtheproduct.com. We may also collect information about the device you are using the Services on, but only to the extent that your browser supplies that information, including what type of device it is, what operating system you are using, and your approximate location based on IP address. Whether we collect some or all of this information often depends on what type of device you are using and its settings. We may also collect your precise geolocation with your consent.

2. How We Use the Information We Collect About You

We use the information we collect about you for various business purposes, including the following:

● For the purposes for which you provided the information;

● To provide the Services;

● To personalize and improve the Services;

● To set up a user account and profile for you;

● To communicate with you, including for support or regarding updates to our Services or the terms governing the Services;

● To allow other users to contact you, such as with information about meetups and events;

● To analyze how you use the Services;

● For marketing purposes, such as to send you promotions and offers;

● To send you information about your relationship or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed;

● To enforce the Terms & Conditions and any other agreements that govern your use of the Services;

● To troubleshoot and maintain the Services;

● To detect, prevent, and protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity;

● As necessary to comply with our legal obligations; and

● As otherwise authorized by you.

Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Privacy Policy.

We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any other parties, including advertisers, promotional partners, sponsors, and/or others. Mind the Product commits to maintain and use such data in a de-identified form and not attempt to re-identify the data.

3. Legal Bases for Use of Your Information

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information. To the extent those laws apply, our legal bases are as follows:

● To honor our contractual commitments to you: Where use of your information is necessary to perform our obligations under a contract or commitment to you; for example, to provide the services you’ve requested from us, or to comply with our Terms or our other legal agreements with you.

● Legitimate interests: Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for the Services, operate our business and the Services, make and receive payments, defend our legal rights, and prevent fraud.

● Legal compliance: Where we use your information to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes.

● Consent: Where you have consented to our processing of your information for a particular purpose.

4. When We Disclose Information About You

We may disclose information about you to other parties in the following situations:

Affiliates: We may disclose information to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Mind the Product. Our affiliates may use the information we disclose in a manner consistent with this Privacy Policy.

Vendors: We may disclose your information to vendors who need access to such information to carry out work or perform services on our behalf, such as those who provide data storage, payment, technology support and services, customer service, analytics, fraud prevention, legal services, and marketing services.

Advertising and Analytics: We may disclose or make available some of your information to advertising and analytics partners to serve advertisements on our behalf across the internet and to provide analytics services. These entities may use cookies and tracking technologies to allow us to, among other things, track and analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. For more information about how to manage having your web browsing information used for advertising purposes, please see the Analytics and Tailored Advertising section below.

Safety: We may disclose certain information if we believe in good faith that doing so is necessary or appropriate to (i) protect or defend Mind the Product or other parties, including to defend or enforce this Privacy Policy, our Terms and Conditions, or any other contractual arrangement; and/or (ii) protect the rights, property or personal safety of Mind the Product, our agents and affiliates, our employees, users and/or the public.

Legal Requirements: We may disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.

Business Transfers: We may disclose certain information, in connection with or during negotiations or closing of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Other Disclosures with Consent or at Your Direction. We may disclose your information to unaffiliated parties based on your consent to do so. For example:

● Disclosures to Conference Exhibitors: We may host conferences and other events. Unaffiliated entities may have exhibits or displays. If you attend such an event, exhibitors may request to scan your attendee badge. If you agree to have your badge scanned, you understand and direct us to disclose information about you (e.g. name, company name, job title, email address) to the exhibitor. 

● Disclosures to Conference Attendees: Depending on the event, certain personal information about attendees (e.g. name, job title, company name) may be available to other attendees of an event. This may include virtual and digital conferences. [If you would like to remove any of this information before the event starts, please get in touch with details about the event(s) you're attending and what information you'd like to remove by emailing hello@mindtheproduct.com

● Profile Disclosures: The information you include in your profile (such as your name, job title, company name, professional biographies, and social media profiles) will be publicly available to other users. We may provide settings where you can choose not to disclose some or all of this information.

5. Analytics and Tailored Advertising

a. Analytics

We may use third-party web analytics services on the Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

b. Tailored Advertising

We may allow certain third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. 

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. Users in the European Union may visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Service, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content may just not be tailored to your interests. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

We do not control any of the above opt-out mechanisms and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

c. Do Not Track

Mind the Product does not respond differently or limit their practices under the terms of this policy when you access those online services with a browser that uses a do not track signal.

6. Your Choices

a. Account and Profile Information

At any time, you have the right to delete your account on mindtheproduct.com, rendering your personal information provided there either frozen (not publicly visible, and unsubscribed from all non-essential messaging) or unidentifiable (either through deletion or one-way encryption) respectively. You may also update certain of your profile information.

b. Email Marketing 

You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

c. Analytics and Tailored Advertising

You can opt out of certain analytics and advertising processing of information about you by following the instructions in this Privacy Policy.

d. Rights Regarding Personal Information About You 

Depending on your jurisdiction (including residents of the European Economic Area, United Kingdom, California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia), you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to in this section as “personal information”). Specifically, you may have the right to ask us to: 

● Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.

● Provide you access to and/or a copy of certain personal information we hold about you.

● Correct or update personal information we hold about you.

● Delete certain personal information we have about you.

● Restrict or object to certain uses of your information.

● Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable. 

● Revoke your consent for the processing of your information.

Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. If we are unable to verify your identity, we may be unable to respond to your requests.

As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. 

To exercise any of these rights, you can contact us using the “Contacting Us” at the bottom of this policy. 

You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request as permitted by applicable law. 

Depending on applicable law, you may have the right to appeal our decision to deny your request. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority.

e. Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes

Depending on your jurisdiction (including residents of California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia), you may also have the right to opt out of “sales” of your information and “sharing” or processing of your information for targeted advertising.

As explained in the “When We Disclose Information About You” section above, we may provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our services and our user/customer base. Under applicable law, the disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.

If you would like to opt out of the disclosure of your personal information through cookies and similar tools for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” or processing for purposes of targeted advertising, please visit the following link, which is also available in the footer of our website: "Do Not Sell or Share My Personal Information." Note that you will need to opt out on each device you use to access the Services.

To opt out of our disclosure of your information for these purposes other than through online tools such as cookies, you can email us at

f. Regional Privacy Disclosures

Additional disclosures for residents of California, Colorado, Oregon, and Nevada are set forth below.

i. California Privacy Rights Notice

This section describes how we collect, use, and share Personal Information of California residents in our capacity as a Business under the California Consumer Privacy Act (“CCPA”), and such residents’ rights with respect to that Personal Information.

For purposes of this section, the terms “Personal Information,” “Sensitive Personal Information,” and “Business” have the respective meanings given in the CCPA, but Personal Information does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants and employees/personnel, in which case that notice will apply instead of this section.

Throughout this Privacy Policy, we discuss in detail the specific pieces of personal information and sensitive personal information we collect, the sources of that information, and how we disclose it. Under the CCPA, we also have to provide you with (1) the “categories” of personal information and sensitive personal information we collect and disclose for business or commercial purposes (as “categories” are defined by the CCPA); (2) the categories of other parties to whom we (a) disclose such information for a business purpose, (b) “share” information for “cross-context behavioral advertising,” and/or (c) “sell” such information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. We “share” information to provide more relevant and tailored advertising to you. Our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA. Please see the following chart for the rest of this information, which is also described throughout this Privacy Policy.