- Purpose and Website Services
- Acceptance and Modification of Terms
- Void Where Prohibited
The Company operates its main Website from Ontario, Canada. Although the Website is accessible worldwide, not all features, products and services discussed, referenced, provided or offered through or on the Website are available to all persons in all geographic locations, or appropriate for use in all jurisdictions. Company reserves the right to limit in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Website is void where prohibited by law. If you choose to access the Website from anywhere or any feature, product or service which is prohibited by law, you do so on your own initiative and you are solely responsible for complying with applicable laws.
- Accounts and Passwords
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website: and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify Company of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Except to the extent this limitation is prohibited by applicable law (including Québec), Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
- Suspension and Termination of Access
All text, data, content, audio files, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, layout, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on or available through the Website is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.
If you make any information, data or content available to Company on or through the Website, including by contacting us, or providing comments or ideas about the Services or the Website (“User Content”), you are deemed to grant Company a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your Website account. If you make User Content available, you represent that you have the right to do so.
- Use Restrictions
- Personal Information
- Subscription Fees and Charges
- Website and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
- Limitation of Liability
CONSUMER PROTECTION LAWS IN YOUR JURISDICTION (E.G. IN QUÉBEC) MAY PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A CONSUMER IN SUCH A JURISDICTION, THIS SECTION 14 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE COMPANY OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL COMPANY, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, ANY AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE THIRTY (30) DAY PERIOD THAT IMMEDIATELY PRECEEDED THE DATE OF YOUR CLAIM.
IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY DIRECT OR INDIRECT BUSINESS INTERRUPTION OR DIRECT OR INDIRECT LOSS OF REVENUE OR PROFIT OR ANY OTHER DIRECT OR INDIRECT ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
All product, brand and company names, logos and registered or unregistered trade-marks, displayed on the Website or used in connection with the Services or products including, without limitation: “INTERAXON”, “MUSE”, “BRAIN SENSING”, “THE BRAIN SENSING HEADBAND”, “MEDITATION MADE EASY”, “MUSE MEDITATION”, “TECHNOLOGY ASSISTED MEDITATION”, “TAKE A BREATH”, “PERSONAL MEDITATION ASSISTANT”, “CHOOSEMUSE”, “MPOWERED BY MUSE”, “MUSE DIRECT” and all related branding elements, are the trade-marks of Company (or its suppliers, partner businesses or third party licensors, as applicable). Any use of any of the marks appearing on the Website or in connection with the Services or Company products without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited.
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
- Entire Agreement
- Electronic Communications
For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.
- Conformance with Law
- Contact / Notices
© 2019 Interaxon Inc. All rights reserved.
Last updated: September 25, 2019
Limited Warranty For The Muse Headband
Dead on Arrival Products. If you are the original purchaser of a Muse headband from Interaxon or an authorised Interaxon retailer and the Muse headband is Dead on Arrival (namely, when you first attempted to use the product after opening the box, it demonstrated hardware failure, preventing even basic operability), the Muse headband may be returned by you to us within thirty (30) days of your original purchase.
If we verify that you were the original purchaser of the product and the product was Dead on Arrival, we will offer you the following options at our expense:
(a) ship you a replacement product; or
(b) service the product, in which case you will not have the right of replacement.
To be eligible to return any Dead on Arrival product to us, you must follow the warranty claim process set out below.
Manufacturer Defects. Your Muse headband is warranted by Interaxon Inc. and/or its affiliates (“Interaxon”) to be free of defects in materials or workmanship, under normal use, for a period of one (1) year from the date of your original purchase of the new Muse headband except to the extent a longer period is required by applicable law (the “Warranty Period”). This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, user abuse or proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of the Muse headband with accessories, products, services or software applications not expressly approved or provided by Interaxon, (vi) use of the Muse headband in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Interaxon or (vi) other causes which are not defects in materials or workmanship of the Muse headband.
This warranty does not cover: (a) used or refurbished products; (b) products provided as a “sample”, “AS IS” or “complimentary”; (c) any third party products Interaxon sells; or (d) any accessories for the Muse headband.
The warranty only extends to new Muse headbands purchased by you from Interaxon or an authorised Interaxon retailer.
If there is a covered defect with the Muse headband, Interaxon will, at its discretion, repair (with new or refurbished parts) or replace (with new or refurbished product) your Muse headband free of charge, or will issue you with a refund. The Warranty Period for the repaired or replaced Muse headband will expire upon the expiration of the original Warranty Period (except to the extent Interaxon is expressly required by law to provide you a longer Warranty Period for the repaired or replaced Muse headband).
This warranty is a hardware only warranty that is limited to the Muse headband and does not cover any software made available, shipped, pre-loaded, or distributed by Interaxon or any third party, even if the software is packaged or sold with the product, or available for the product at a later time. Software license agreements apply to your use of software associated with the Muse headband. The software license for Interaxon proprietary software to be used with the Muse headband is described in the applicable Interaxon end user license agreement.
To be eligible to return any defective Muse headband to us, you must follow the warranty claim process set out below.
Warranty Claim Process. To be eligible to return any Muse headband to us, you must have a Dead on Arrival product or a Muse headband with a manufacturer’s defect and you must:
(1) prior to shipping the Muse headband to us, contact us through http://www.choosemuse.com/contactsupport and obtain a Return Material Authorisation (RMA) number, shipping address and other instructions. The RMA number must be included with your Muse headband return
(2) provide us valid proof of your original purchase
(3) package the Muse headband in the original, unmarked packaging together with all accessories, manuals, and documentation (unless otherwise requested by Interaxon)
(4) include a description of the reason for the Muse headband return.
If we determine that there was no valid reason for returning the Muse headband to us (i.e. it was not Dead on Arrival or did not have a manufacturer’s defect), we may, at our discretion, refuse to accept the Muse headband or return the Muse headband to you and charge you a USD$200 handling fee.
Limitation of Liability. The Muse headband is provided “AS IS AND WITH ALL FAULTS”, and Interaxon hereby disclaims all other warranties, conditions and the provision of or failure to provide support or other services, information, software, and related content through the Muse headband or otherwise arising out of the use of the Muse headband. This limited warranty is in place of all other express and implied warranties, conditions, representations, or guarantees of any kind (including, without limitation, implied warranties of merchantability, satisfactory quality and/or fitness for a particular purpose) which are all hereby excluded and shall have no effect. In no event shall Interaxon or anyone acting on behalf of or with Interaxon (including, without limitation, in relation to the manufacture, supply, distribution, sale, repair or return of the product) be liable for any direct, indirect, incidental, special or consequential loss or damages whatsoever (including, without limitation, damages for loss of profits, loss of use of the products or functionality, business interruption, loss or corruption of information (including data), or other pecuniary loss) arising out of the use or inability to use the Muse headband even if Interaxon or anyone acting on behalf of Interaxon has been advised of the possibility of such damages. This limitation is intended to apply and does apply without regard to whether such damages are claimed, asserted or brought in an action or claim in tort, contract, on the warranty, or under any other legal theory. The liability of Interaxon (and any one acting on behalf of or with Interaxon) to you for loss or damage arising under this warranty shall not exceed in aggregate the net purchase price you paid for the product or the cost of replacing the Muse headband, whichever is greater. The foregoing shall not in any way restrict any liability in relation to death or bodily injury or statutory liability for intentional and gross negligent acts or omissions. No other person or company is authorized to change this warranty.
Some states and countries do not allow limitation on how long an implied warranty lasts, or exclusion of all or certain types of damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other additional statutory rights, which vary from state to state or within a particular country. The foregoing is without prejudice to other legal rights that may arise under applicable mandatory legislation. This warranty extends only to new Muse headband purchased by you from Interaxon or an authorized Interaxon retailer.
Your Rights Under Australian Consumer Laws. If you are a consumer you may have statutory rights under the Australian Consumer Law that are in addition to those set out in this limited warranty (“Consumer Rights“). This limited warranty sets out certain situations when Interaxon will, or will not, provide a remedy for a Muse headband. This limited warranty does not limit or exclude any of your Consumer Rights relating to the Muse headband.
Under your Consumer Rights, you are entitled to: (a) a replacement or refund for Muse headband with a major failure, and compensation for any other reasonably foreseeable loss or damage; and (b) have the Muse headband repaired or replaced if the Muse headband fails to be of acceptable quality and the failure does not amount to a major failure; and (c) such remedies are in addition to your rights under this limited warranty.
If you are a consumer under the Australian Consumer Law, you may return a defective Muse headband to: (a) the authorized Interaxon retailer from whom you purchased the Muse headband; or (b) Interaxon directly by contacting Interaxon pursuant to the warranty claims process set out above, or by phoning +1 416 598 8989.
Governing Law. Unless stated otherwise below, this limited warranty will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Ontario in Toronto, Ontario.
i. If you are domiciled in a country located in Europe, Middle-East or Africa, this limited warranty will be governed and construed in accordance with the laws of England and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of London, England.
ii. If you are domiciled in a country located in Asia-Pacific, this limited warranty will be governed and construed in accordance with the laws of Singapore and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Singapore.
iii. If you are domiciled in the United States of America, this limited warranty will be governed and construed in accordance with the laws of New York, USA and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of New York city, New York, USA.
The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
Language. If this Warranty is translated in a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.
Miscellaneous. If there is any conflict between this limited warranty and any other warranty provided to you including, without limitation, in the packaging of the product, the provisions of this warranty shall be applied by Interaxon to the extent of such conflict. If any term, provision or sub-section of this warranty is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this warranty will not be affected.
At Interaxon, our vision is to empower personal transformation to improve lives and change the world. We value our customers and respect your privacy and personal information. Personal information is information about you, that may include your name, email or other addresses, phone numbers, or other data that could reasonably be linked back to you.
If this policy changes in the future, we will post an updated version on our website at www.choosemuse.com and/or www.meditationstudioapp.com, and/or in our web or mobile applications. You can tell if this policy has changed by checking the effective date that appears at the top of the policy. Depending on the circumstances, we may also notify you of an update via email or other contact information you have provided.
If you have any questions or concerns, we can be reached by our contact information below.
Capitalized terms used but not defined elsewhere in the Policy will have the following definitions:
“Activity Data” means data such as progress, trends, achievements over time, and session start and end times collected by us based on your activity.
“Location Data” means your location features when using our android mobile applications to enable use of Bluetooth functionality.
“Meditation Data” means Sensor Data, Processed Data and Activity Data.
“Personal Device” means computers, smartphones, connected TVs and other web-connected devices you use that integrate with our Products.
“Preference Data” means data you provide regarding your preferences, such as session reminders, and any other data you choose to input; for example, notes you record in the application after a meditation session.
“Processed Data” means data such as heart rate, heart rate variability (HRV), and breath rate which is generated by us by processing Sensor Data.
“Purchase Information” means your name, email address, shipping address, billing address, phone number, account information, other information you share during the purchasing process, details of the product or subscription purchased, the date and time of the order or subscription, the quantity and price of the order or subscription, whether payment was made, method of payment, purchase or subscription history, and whether you re-ordered or renewed a subscription.
“Sensor Data” means data such as brainwave patterns (through electroencephalogram or EEG), heart beat patterns (photoplethysmogram (PPG)), movement data, UV data, battery status data, temperature data, and pressure data collected through the sensors on the Muse device.
“Transmission Data” means your log data such as the date and time of syncing of your Personal Device with our servers, duration of the time spent using our applications on your Personal Device, and the Internet Protocol (IP) address of your Personal Device.
INFORMATION WE COLLECT AND HOW WE USE IT
When You Use or Access our Products
Creating a Muse Account
If you are under 16 you will not be allowed to set up an account with us. When you set up an account with us, you will need to provide us with information such as your login credentials (e.g. your email address, name, and/or password). Instead of providing us with your login credentials, you could also use a third-party service such as Google Sign-in to create an account with us. When doing so, you authorize us to access certain account information (consistent with your privacy settings on the third-party service), such as your name, email address and age. We use the foregoing information for the purpose of creating and accessing your account.
Muse Mobile Application
The Muse mobile application in conjunction with the Muse device is designed to assist users with their meditation practice.
To use our Muse mobile application, you will be asked to download our mobile application and create an account.
Additional information we will ask you for when you are creating your Muse mobile application account is your geographic region and/or country, whether you are right or left handed, your gender, and year of birth. Factors like age, gender and handedness can impact your brain and help us with our research and development of the application. We use this information to improve and customize your user experience.
- When using the Muse mobile application
When you use the Muse application with the Muse device, we record, process and store your Activity Data, Sensor Data, Preference Data, Processed Data and Transmission Data. We use the data referenced in the preceding sentence to provide you with real time feedback during a meditation session, reports after meditation sessions, customer support, brain/body scientific research, technical troubleshooting, performance management and product enhancement. When you use an Android Personal Device to access the Muse application, we also need to access your Location Data during that use in order to enable Bluetooth connectivity; however, we do not store this Location Data.
Muse In-Application Third Party Research Program: While using the Muse mobile application, you may have the option of participating in our voluntary in-application research program involving third parties. When you choose to participate in our third-party research program, you are consenting to the sharing of your Meditation Data on a de-identified basis with third parties involved in research related to improving the scientific understanding of the brain/body or to improving products and/or delivering better experiences and services. You can choose to withdraw your consent to us sharing your information in the context of these voluntary research programs at any time through the settings of the Muse mobile application you are using. Should you withdraw your consent, we will not share your Meditation Data in any new third-party research studies.
Muse Account Web Application
The Muse Account Web Application is designed to help you manage your account information such as your email address, your password and your subscription.
- When creating an account using the Muse Account Web Application
When creating an account using the Muse Account Web Application, you will be asked for your login credentials (e.g. your email address, name, and/or password) to create an account or use a pre-existing account.
We use your login credentials to create your account and allow you to access your account.
- When using the Muse Account Web Application
When you use the Muse Account Web Application, we record, process and store your Preference Data and Transmission Data. We use the data referenced in the preceding sentence to provide customer support, technical troubleshooting, performance management and product enhancement. Doing so is intended to improve and customize your user experience.
Meditation Studio Applications
The Meditation Studio mobile and web applications are designed to assist users with their meditation practice.
- When creating an account for the Meditation Studio Application
When using the Meditation Studio mobile application, you may be asked to create an account. Creating an account is not mandatory to use the Meditation Studio mobile application. You will need to provide us with information such as your login credentials (e.g. your email address, name, and/or password) if you decide to create an account. Creating an account for your mobile application will also allow you to use the Meditation Studio web application with the same login credentials.
When using the Meditation Studio web application, you will be asked for your login credentials to create an account or use a pre-existing account.
We use your login credentials to create your account and allow you to access your account.
- When using the Meditation Studio applications
When you use the Meditation Studio mobile or web applications, we record, process and store your Activity Data, Preference Data and Transmission Data. We use the data referenced in the preceding sentence to provide customer support, technical troubleshooting, performance management and product enhancement. Doing so is intended to improve and customize your user experience.
Muse Connect Web Application
The Muse Connect web application is designed to allow a party (such as a coach, wellness professional or employer participating in a wellness program) (the “Observer”) to monitor, from the Muse Connect dashboard, the Muse sessions of one or more people using Muse devices in conjunction with the Muse Mobile application (the “Participant(s)”). Participants must provide consent for the Observer to be able to monitor their Muse sessions.
- When creating an account for Muse Connect
When the Observer creates a Muse Connect account, we require the Observer to provide us with a telephone number, business type, entity name, and professional designation. We ask for this information because it is necessary for us to validate the Observer’s credentials, provide access to certain discounted pricing, and make relevant content available to the Observer.
- When using the Muse Connect Web Application
When the Observer uses the Muse Connect Web Application, we record, process and store the Observer’s Activity Data, Preference Data and Transmission Data. We use the data referenced in the preceding sentence to provide customer support, technical troubleshooting, performance management and product enhancement Doing so is intended to improve and customize your user experience.
Muse Direct Application
Muse Direct is a mobile, desktop and web application designed to provide the users of Muse devices with access to their Sensor Data and Processed Data.
- When creating an account for Muse Direct account
When you create an account for Muse Direct, we require that you provide your profession and how you heard about us. We use this information to understand how you propose to use this information and to improve and customize your user experience and our products.
- When using the Muse Direct Application
When you use the Muse Direct mobile, web or desktop applications, we record, process and store your Activity Data, Sensor Data, Processed Data and Transmission Data. We store your Sensor Data on our cloud for your ease of access only. When you use an Android Personal Device to access the Muse application, we also need to access your Location Data in order to enable Bluetooth connectivity; however, we do not store this Location Data.
We use www.choosemuse.com and www.meditationstudioapp.com to provide information and market and/or sell certain Products.
When using our Websites
We collect information about how you use our websites, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our website, and what posts, videos and other content you view on our websites.
We use technologies to deliver products and services, to make it easier for you to use our websites, enable you to move around the website and use their features, such as accessing secure areas, and store information so that we respond faster. We may use these technologies to collect information about how you use the website, for example which pages you visit most often and if you receive error messages from certain pages.
We may use technologies to allow us to remember choices you make (such as your user name, language or the region you’re in) and tailor the website to provide enhanced features and content for you. We may use technologies to deliver advertising that is relevant to your interests. These technologies can remember that your Personal Device has visited a site or service, and may also be able to track your Personal Device’s browsing activity on other sites or services other than www.choosemuse.com or www.meditationstudioapp.com.
Information collected from Personal Devices may be shared with organizations outside of our company, such as advertisers and/or advertising platforms to deliver the advertising, and to help measure the effectiveness of an advertising campaign.
We may also use information collected through these technologies to understand, improve, and research products and services.
WHEN YOU MAKE PURCHASES FROM US
While payments made through or for our Products are processed through a third-party payment processor, we collect and use information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details. We use this information to the extent necessary to provide you with the Products you request in accordance with our terms, including to administer, manage, and fulfill the purchases or subscriptions you make and for inventory management and our other legitimate business interests.
WHEN YOU CONTACT US
When you contact us with a comment, question, or complaints via telephone call, email, or other means, we collect information like the identity of the caller or sender of email or other communication, the date and time of the call or message, and the subject and resolution of the issue. Your customer service telephone calls, emails, and other communications with us may be recorded, logged, and/or monitored for quality assurance, and/or product and service enhancement purposes such as to assist in addressing your inquiries, troubleshooting, training, and analytics to identify trends and make improvements to our products. We will do so to the extent necessary to respond to and communicate with you about your comment, question, or complaint and in improving our products and services.
MARKETING AND OTHER COMMUNICATIONS
We may offer you the ability to sign-up to receive marketing and promotional communications, including news, product updates, and offers from us. If you sign-up, we collect certain personal information (such as first and last name and email address) which we use to send you such communications. You can unsubscribe from receiving promotional emails from us at any time by simply clicking the “unsubscribe” link provided at the bottom of such emails or by contacting us via our contact information below or the mailing address provided below. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your account or transactions with us.
Notifications may be sent out with your consent via an in-app announcement, a push notification, or email to encourage, motivate, teach, or otherwise engage you with our Products. These may be turned off in the settings section of our apps.
The referral features on the Products may permit you to send an email to other individuals that might be interested in the Products. This feature requires you to submit your name and email address, as well as the name and email address of the recipient. We do not use the names or email addresses submitted in these circumstances for any other purpose without the consent of you or the email recipient to do so. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message. Our referral features may also allow you to post or share an update with your network through social media platforms.
CONTESTS AND GIVEAWAYS
Within our applications, we may provide you with social tools that allow you to share personal information with others. For example, in the Muse and Meditation Studio apps, you can share data from a meditation session on Facebook or Twitter. When you interact with others through these tools, you may be publicly displaying your personal information. Please ensure you take appropriate measures to protect your personal information.
INFORMATION THAT WE SHARE
We will not disclose, trade, rent, sell, or otherwise share personal information, without consent, except as otherwise set out herein, in any special consent you have provided, or as permitted or required by law.
OTHER WELLNESS APPLICATIONS
VOLUNTARY PRODUCT RESEARCH AND TESTING
From time-to-time you may choose to participate in voluntary product research and testing and share with us certain personal information such as your name and email address. Unless you expressly agree to the contrary, we will not use your personally identifiable information shared in this context for any purpose other than to administer the research and/or study.
AFFILIATES AND SERVICE PROVIDERS
We will transfer (or otherwise make available) personal information to our affiliates for the above purposes and to third parties who provide services on our behalf. This includes service providers who: (a) store information on our behalf in the cloud; (b) host our websites; (c) operate certain of our Product features; (d) administer services such as order and payment processing, shipping, and customer service; (e) send emails or other communications; (f) manage and analyze data and/or our advertising effectiveness; and (g) provide us with financial, insurance, legal, accounting, or other professional services, as the case may be. Personal information may be maintained and processed by third party service providers in the US, Canada, or other jurisdictions. Our service providers are given the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. For a full list of our affiliates and service providers, go to this page: Affiliates.
LEGAL AND OTHER REQUIREMENTS
We and our Canadian, US, or other service providers may provide personal information in response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US, or other foreign governmental authorities, courts, or law enforcement agencies), or to other organizations in the case of investigating a breach of an agreement or contravention of law, or detecting, suppressing, or preventing fraud, or as otherwise required or permitted by applicable Canadian, US, or other law. We may also disclose personal information where necessary for the establishment, exercise, or defense of legal claims and to investigate or prevent an actual or suspected loss or harm to persons or property.
We may transfer personal information as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of our group of companies or as part of a corporate reorganization, financing, or other change in corporate control.
COOKIES, TRACKING TECHNOLOGIES AND ADDITIONAL INFORMATION ABOUT OUR PRODUCTS
When you use our Products, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your Personal Device when you access our websites), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to our Products), Personal Device ID (if you use one of our mobile applications) and embedded scripts (programming code that is designed to collect information about your interactions with the Products, such as the links or features you click on or select, and which is active only when you are using the Products) (collectively, the foregoing are referred to as “Tracking Technologies”).
The information we collect in this manner may include details about the Personal Device used to access the Products (such as browser type, device type, operating system and version, and IP address), referring URLs and information on actions taken or interactions with our Products.
We use the following Tracking Technologies in connection with the Products:
- Necessary Tracking Technologies: These are Tracking Technologies that are required for the operation of our Products, to enhance your user experience when you use our Products, and to embed third-party features. They include, for example, Tracking Technologies that enable you to log into your account or access the features or web pages you select, remember your preferences (for example, your choice of language), pre-fill form fields you have previously completed, and integrate useful services provided by third party providers into our Products, such as social media features.
- Analytics Tracking Technologies: We use third party web and mobile analytics services such as Google Analytics and Firebase Analytics, to help us analyze how visitors use the Products. We may permit these third parties to operate directly on or through our Products, using their own Tracking Technologies, and to collect information about you on our behalf. These Tracking Technologies allow us to measure and analyse behaviours and usage patterns of our customers, such as which pages or features are visited or used most often, for how long, and whether an error message is received by a customer. These analytics services may also provide us with other data they collect outside of our applications in an aggregated, de-identified form. We use this information to help us with Product performance monitoring and enhancement, and technical troubleshooting.
- Interest-Based Advertising Tracking Technologies: When you visit our websites or apps, we may allow some third parties to (such as advertising networks and data analytics companies) collect information about your online activities over time and across different websites and apps (such as websites and apps you visit and response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our websites. In some instances, we may also combine information we receive about you from third parties with information we collect through our websites. To opt-out of interest-based advertising, please see “Opting-out of Interest-Based Advertising” below.
You may set your web browser or Personal Device settings to notify you when you receive a cookie or to not accept certain Tracking Technologies. In our apps, we provide the ability to opt-out of Tracking Technologies, typically found in the settings. However, if you decide not to accept Tracking Technologies in connection with our Products, you may not be able to take advantage of all the features of our Products.
To find out more about cookies, including how to see what cookies have been set, and how to adjust your browser settings to block cookies, visit www.aboutcookies.org or www.allaboutcookies.org. Your browser settings may also allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.
You can obtain additional information on Google Analytics’ collection and processing of data, including how to opt out, by clicking on the links provided:
OPTING-OUT OF INTEREST-BASED ADVERTISING
For more information about interest-based advertising on your desktop or mobile browser and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the DAAC, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.
To learn more about interest-based advertising in mobile apps and to opt out of this type of advertising by third-party advertising companies that participate in the DAAC’s AppChoices tool, please download the version of AppChoices for your device at https://youradchoices.ca/appchoices/.
Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioural information about you and may therefore be less relevant to you and your interests.
To successfully opt-out, you must have cookies enabled in your web browser. Please see your browser’s instructions for information on cookies and how to enable them. Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each device that you use. Once you opt out, if you delete your browser’s saved cookies, you may need to opt-out again.
USE OF DE-IDENTIFIED DATA
Some of the information that you share with us or that we collect about you may not by itself identify you to us or be personally identifiable and therefore may not be considered personal information. We may also remove personal identifiers from your information to render such personal information non-identifiable. This includes Meditation Data and in-app surveys. We maintain and use it as de-identified data, and may combine such de-identified data with other information to generate aggregated data. We use such de-identified and/or aggregated information to help us improve our product and service offerings, and may also provide de-identified and/or aggregated data to researchers in connection with research programs.
THIRD-PARTY LINKS AND INTEGRATIONS
HOW DOES INTERAXON KEEP YOUR INFORMATION SAFE?
We take data privacy seriously and have implemented physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, copying, use, disclosure, or modification.
We limit access to your personal information to employees and authorized service providers with a need to know to fulfill their designated functions.
TRANSFER OF PERSONAL INFORMATION TO OTHER COUNTRIES
Your personal information may be collected, used, processed, transferred, and retained by us, our affiliates and our service providers in multiple countries (including Canada, the United States, and the European Economic Area (“EEA”)) which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are located in the EEA, Canada has been recognized by the European Commission as providing an adequate level of protection for the personal information transferred from the EEA to recipients subject to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), such as Interaxon. In addition, we comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries outside the EEA and Switzerland which have not been recognized by the European Commission as providing for such a level of protection. In all such cases, we will only transfer your personal information if we have put in place appropriate safeguards in respect of the transfer, including by selecting U.S. service providers that are certified to the EU-U.S. and/or Swiss-U.S. Privacy Shield frameworks or by executing data transfer agreements with our service providers based on the European Commission’s Standard Contractual Clauses in accordance with Articles 45 and 46 of the EU General Data Protection Regulation (GDPR) respectively. You may obtain a copy of the safeguards we use in respect of such transfers by contacting us by our contact information below.
HOW LONG DOES INTERAXON KEEP YOUR INFORMATION?
We have information retention processes designed to retain your personal information only for so long as we consider necessary for the purposes set out above, and for other legitimate business purposes including considering criteria such as applicable legal requirements and statutes of limitations, the duration of your use of the Products, and the information needed to support your warranty and support requests. Typically, we will retain your Muse account personal information for as long as you have an account on one or more of our Products. We will delete your personal information from our Products if your account becomes inactive, i.e., there has been no user log-in to the account for a period set by us from time-to time (such period of non-activity will not exceed 10 years) or if you withdraw your consent to the processing of your personal information (e.g., if you delete your account). In such case, backup copies of your personal information will be removed from our cloud, however it may persist in our database for a short period (up to 30 days) due to technical reasons. Interaxon may continue to use de-identified data and aggregate information obtained in connection with your use of the Products. Notwithstanding the forgoing, we may retain your purchase information, warranty, and customer support information to the extent necessary for our legitimate business interests and in accordance with our obligations under applicable law in order to serve you better; to delete this type of personal information, please contact us by our contact information below.
YOUR CHOICES AND PRIVACY RIGHTS
You may have certain rights with respect to our processing of your personal information. Subject to applicable law, you may have the right to: (1) request access to the information we hold about you; (2) request that we update, correct, or amend your information; (3) request that we erase your information; or (4) request the restriction of our use of your personal information. In addition, and subject to applicable law, you may receive, in a structured, commonly used and machine-readable format, the personal information that you have provided to us about you with your consent or based on a contract with us. In appropriate circumstances, you have the right to have this information transmitted to another company, where it is technically feasible.
You also may object at any time to the use of your personal information, on grounds relating to your particular situation, where we use that information based on our legitimate interests as described above. You also may withdraw any consent you previously provided to us, e.g., by deleting any user account you have in connection with our Products or by contacting us by our contact information below. If you do so, this will not affect the lawfulness of our use of your information based on your consent before its withdrawal. Please note that if you revoke your consent to use certain data, you may not be able to use our Products or certain features or functionality of our Products.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and provide you with the requested information. If you are located in the EEA, please put the “GDPR” in the subject line of your communication with us to help us direct your inquiry. We will respond to your request within a reasonable time and at minimal or no cost to you in accordance with applicable laws.
If you are not satisfied by our response or if you consider that our processing of your personal information infringes applicable law, you may lodge a complaint with a competent supervisory or regulatory authority, which may be the authority in your jurisdiction of residence or work.
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users who are California residents to request certain information, including the categories of personal information disclosed to third parties for their marketing purposes and the names and addresses of those third parties, regarding our disclosure of personal information to third parties for their direct marketing purposes, if any. If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes, please contact us by our contact information below. Please put the statement “Your California Privacy Rights” in your communication with us.
INTERAXON’S POLICIES FOR CHILDREN
Our Products are only directed to persons of the age of 16 or over. We do not knowingly collect any personal information from children under 16. If we become aware that we have unknowingly collected personal information from a child under the age of 16, we will make commercially reasonable efforts to delete such personal information from our records. If you are concerned and are aware of a user under the age of 16 using our Products, please contact us by our contact information below.
Interaxon Inc. (“Interaxon”)
Attn: Data Privacy Officer
555 Richmond St. West Suite 900
Toronto, ON M5V 3B1 Canada
For users in the EU/EEA, our EU representative can also be contacted at:
Amesto Global (Ireland) Limited
The Gallery, 13 Bedford Row, Limerick
Email: [email protected]