Privacy Policy

Website and Mobile App Privacy Policy

This Privacy Policy describes the personal information that Mindcolor Autism LLC (“Mindcolor,” “we,” or “us”) collects when you visit our website (the “Website”), use Mindcolor Together (the “App”), use our services, or interact with our business representatives (collectively, the “Services”). This Privacy Policy also describes how we use and share that information, the choices you have, and how you can contact us if you have questions or concerns.

Two notes on scope. First, if you use the App, the section titled “Mindcolor Together” below describes how the App handles your information. That section controls over the general provisions of this Privacy Policy, including with respect to advertising and marketing. Second, this Privacy Policy is not our Notice of Privacy Practices. Information that constitutes protected health information in our hands as a health care provider is governed by our Notice of Privacy Practices.

Personal Information We Collect

Information you provide to us may include:

• Contact details, such as your first and last name, email address, zip code, phone number, if you choose to provide this information.
• Communications that we receive from you, including when you contact us with questions, feedback, or otherwise.
• Service Preferences that you share with us, such as your child’s age, the services in which you’re interested, whether you’re interested in full-time or part-time services, and your weekly availability for services.
• Marketing information, such as your preferences for receiving communications about our services, and details about how you engage with our communications.
• Billing information, such as your billing name and address and credit card number.

Automatic Data Collection

We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, such as:

• Device data, such as your computer’s or mobile device’s operating system, manufacturer and model, browser type, IP address, unique identifiers, language settings, mobile device carrier, and general location information such as city, state or geographic area; and
• Usage data, such as pages or screens you viewed, how long you spent on a page, browsing history, and access times.

We may collect this information using cookies and other similar technologies. Cookies, which are text files that websites store on a visitor’s device or in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.

Information We Collect From Third Parties

We may maintain third-party social media pages, such as pages on LinkedIn. If you interact with us via these pages, we may receive your communications and other information about your interactions with us. We may also receive your contact details and information about your child’s needs from people who refer families to us, such as pediatricians, schools, and other families, and from people who give us their information at events we attend or host. Any information collected by the social media companies that maintain our pages is governed by the privacy policies of the providers and is not within our control.

How We Use Personal Information

We use your personal information for the following purposes:

To provide and improve the Services and respond to your inquiries

This includes:

• Administering, hosting, and operating the Services;
• Communicating with you and responding to any inquiries you may have;
• Analyzing your use of the Services to allow us to evaluate and improve the Services and their features; and
• Creating aggregated, de-identified or anonymous statistics, which we may use for lawful business purposes, including for Services analytics and strategic planning.

Business Promotion

We may use personal information to promote our business, including by sending information that may be relevant to you by email, mail, telephone and other means. We engage our advertising partners, including third party advertising companies and social media companies, to advertise our services. We do not use or share information you submit through our intake, appointment-request, or contact forms for advertising or marketing purposes. Our use of advertising partners, advertising networks, social media companies, and analytics partners is limited to activity on the Website, and none of it applies to information entered in or transmitted through the App or to protected health information. We do not disclose protected health information to advertising partners for advertising or marketing purposes. For more information, or to understand your choices, please visit the Your Choices section below.

For Compliance and Protection

For compliance and protection, including to enforce any applicable terms and conditions, comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of the Services, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Personal Information

We may share your personal information with:

• Affiliates. Affiliated companies for purposes consistent with this Privacy Policy.
• Service providers. Companies and individuals that provide services on our behalf or help us operate our Services or our business (such as hosting, information technology, support, email delivery, and website analytics services).
• Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
• Advertising partners. We may share personal information with third-party advertising companies for the business promotion purposes described above.
• Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate.
• Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, us or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your Choices

Unsubscribe from Marketing Communications

You may opt out of our marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you. We may continue to send you administrative communications that are necessary for our relationship with you, such as relevant updates to our policies.

Privacy Choices

Depending on where you reside, you may have the following rights:

• Information. You may have the right to obtain information about how we collect, use, and share your personal information. We provide this information within this Privacy Policy.
• Access, correction and deletion. You may also have the right to request access to your personal information, to correct personal information that is out of date or inaccurate, or to delete personal information that is no longer needed for a permitted purpose. If you have questions about how we handle your personal information or if you believe your information is inaccurate or has been collected in error, please contact us as provided in the ‘Contact Us’ section below and we will endeavor to resolve your questions or concerns. We may ask for specific information from you to help us confirm your identity. Where these rights apply, you can empower an authorized agent to submit the request on your behalf in accordance with applicable law. You are entitled to exercise these rights free from discrimination.
• Sharing personal information and targeted advertising. We use cookies on our Website to help us advertise our Services on other websites or services you might visit. We share information with advertising networks and analytics partners to support our interest-based advertising, which may qualify as a sale or sharing of personal information, or targeted advertising, under applicable law. You can opt out of our use or sharing of personal information for these purposes by using the browser-based and device-based controls described under “Online tracking opt-out” below. Please note that your opt-out will be specific to the device and browser you use when you opt out.

Online Tracking Opt-out

There are a number of ways to limit online tracking, which we have summarized below:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Using privacy plug-ins or browsers. You can block our Website from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.

Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track”. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Data Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information.

Data Retention

The length of time we retain personal information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, and our business interest in keeping such information as stated in this Privacy Policy. Information you enter in the App remains on your device until you delete it or delete the App. Information you choose to transmit to us through the App is retained as described in the “Mindcolor Together” section below.

Children

The Website is designed to promote the Services and is not intended for use by children. If we learn that we have collected personal information through our Website from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it. The App is intended only for use by parents, legal guardians, and authorized adult caregivers. It is not directed to, or intended for use by, children. Information about a child that an adult enters in or transmits through the App is provided to us by that adult and is handled as described in the “Mindcolor Together” section below. We do not use or disclose information that an adult enters in or transmits through the App for advertising or marketing purposes, and we do not sell or share that information for targeted advertising.

Job Applicants

When you apply for a job with us, we collect your business and personal contact information, professional credentials and skills, education and work history, and other information you provide in connection with your application. We use this information to facilitate our recruitment activities, process employment applications, monitor recruitment statistics, and respond to surveys. We may also use this information to provide improved administration of the Services and as otherwise necessary (i) to comply with relevant laws or to respond to subpoenas or warrants served on us, (ii) to protect and defend our or others’ rights or property, (iii) in connection with a legal investigation and (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or our Terms of Use. We may retain your information for these purposes and to contact you about future openings that may be relevant to you.

Mindcolor Together

This section applies to Mindcolor Together. It controls over the general provisions of this Privacy Policy wherever the two differ, including with respect to advertising and marketing.

What the App does

The App lets a parent, legal guardian, or authorized adult caregiver record and review their child’s day-to-day progress, work through practice activities, read general educational materials and at-home strategies prepared by our clinical team, mark developmental milestones, and write down questions to raise with their child’s Board Certified Behavior Analyst (“BCBA”) at their next appointment. Nothing you enter leaves your device until information is sent to us, and if you never send, we never see it. When information is sent, a copy is stored in our records, where members of your child’s care team are able to access it. No one at Mindcolor is notified at the moment information is sent, and the App is not monitored. Your BCBA may review what you have sent in advance of a scheduled session and may discuss it with you during that session or through another communication channel. Mindcolor personnel cannot reply to you or otherwise send information to you through the App. The App is not a way to reach your child’s clinical team — please use the telephone number or other communication methods your team has given you.

How the App identifies you

The App has no accounts. There is no sign-up, no login, no password, and no email address — we do not collect any of these, and there is nothing to sign in to or sign out of. The App identifies your family by the device the App is installed on. The first time you send information to us, the App generates a random identifier for that installation and includes it with everything you send, so that we can associate what we receive with your family. That identifier is not derived from your device’s hardware, telephone number, or advertising identifier.

Information stored on your device

Everything you enter is written to storage on your own device. The App’s tracking, milestone, practice, bookmarking, and reading features can be used offline; an internet connection is needed only when information is sent to us. What is held on the device includes your child’s first and last name; your own first and last name; the birth month and year you enter for your child; the Mindcolor center you select as your child’s home center; the progress entries you log and any you write in your own words; the developmental milestones you have checked; your progress through practice activities; the questions you have written, whether or not you have sent them; the materials you have bookmarked; and your App settings, including your sharing preference and the date you chose it. We cannot see any of this, and none of it is transmitted to us unless it is sent as described below. Because the App has no password or in-App lock, anyone who can unlock your device can open the App and see everything in it, so please secure your device. Depending on your device settings, information stored by the App may also be included in your device’s backups, which are controlled by you and your device or operating system provider rather than by us.

Information you send us, and how sending works

Sending information to Mindcolor is optional, and the App works the same whether or not you ever send anything. You choose whether to send and how often. If you choose to send only when you decide to, nothing is transmitted until you tap the send control. If you choose to send daily or weekly, the App will send automatically, without any further action by you, each time you open it after the interval you selected has passed, and it will keep doing so until you turn automatic sending off in Settings. Each send transmits a complete current copy of the information described above — not only what has changed since the last send. A copy includes your child’s first and last name, your own first and last name, the home center you selected, the progress entries you have logged including anything you wrote in your own words, the developmental milestones you have checked, your progress through practice activities including the times you completed each step, and the questions you have chosen to send. It also includes the random identifier for your installation, the App version, and the type of device you are using. It does not include the birth month and year you entered for your child, your bookmarks, or your App settings. What you send may contain health, developmental, and behavioral information about your child. If you delete something in the App, it will not appear in the next copy you send, but copies already sent to us are unaffected and cannot be withdrawn through the App.

What the App does not collect, how sends are verified, and two optional permissions

The App contains no advertising, analytics, attribution, crash-reporting, or session-recording software, and it does not collect usage statistics, browsing activity, advertising identifiers, or any other telemetry. All of the educational content in the App — the milestones, tips, handouts, and practice activities — is included in the App itself rather than requested from us as you read it, so browsing that content does not tell us anything. The only technical information we receive is the internet protocol (IP) address of the device, which is a necessary part of any internet connection. To keep other people from sending false information into your child’s record, the App asks Apple to confirm that it is a genuine, unmodified copy of Mindcolor Together running on a real device. Apple issues a confirmation, which the App exchanges with Google’s App Check service for a short-lived digital token, and that token accompanies each send. This exchange involves only the App itself and the device — no information about you or your child is included, and neither Apple nor Google’s App Check receives any part of what you send us. We receive only the token, which tells us the send is genuine and nothing else. Separately, the App may ask your permission for two things, each of which you can decline. If you ask the App to find the Mindcolor center nearest to you, it reads your device’s location once, calculates the nearest center on your device, and discards the coordinates — your location is never stored and never sent to us. If you turn on notifications, the App schedules occasional reminders on your device; these are generated on the device itself and we do not receive a push token or learn whether a reminder was shown.

How we use information you send us

We use information you transmit through the App to support your child’s care and your family, including by making information you transmit available to your child’s care team, to operate and improve the App, and to comply with legal obligations and defend against claims. We also use information you send us to measure and improve the quality of our services, and to produce aggregate statistics about outcomes and engagement that we may share with health plans and other third parties. Before information is used to produce those statistics or shared outside Mindcolor for those purposes, we remove identifiers so that the information no longer identifies your child or your family and cannot reasonably be used to identify them. We do not share information that identifies your child with any third party for these purposes.

We do not use App information for advertising or marketing

Information you enter in or transmit through the App is not shared with advertising partners, advertising networks, social media companies, or analytics partners for advertising purposes; is not used for interest-based or targeted advertising; and is not sold or shared as those terms are used in applicable privacy laws. The App does not contain advertising software development kits or advertising or attribution trackers. The provisions of this Privacy Policy addressing business promotion, advertising partners, and targeted advertising do not apply to the App.

Service providers

We use Google Cloud and Google Workspace to receive, store, and make available to your child’s care team the information you send us. Where a service provider handles protected health information on our behalf, we enter into a business associate agreement with that provider as required by HIPAA. Our service providers may use information from the App only to provide the services we have engaged them to provide, and not for their own purposes, and never for their own advertising or marketing.

Your choices and how to delete information

You control the information in the App, and there are three categories to be aware of:

• Information on your device. You can delete individual entries at any time within the App. Deleting the App from your device removes the information stored on that device. We cannot delete information from your device on your behalf, and we cannot recover it for you if it is lost.
• Information you have transmitted to us. To request access to, correction of, or deletion of information you have sent us through the App, contact us at compliance@mindcolorautism.com. Because we are a health care provider, information you transmit to us may constitute protected health information, and your rights with respect to it are described in our Notice of Privacy Practices. In some cases law or professional obligations require us to retain records for a set period, and we will explain if that applies to your request.
• There is no App account to close. Because the App has no account, there is nothing to close or deactivate. Deleting the App from your device removes the information the App stored there, although copies may remain in backups controlled by you or your device or operating system provider as described above. Deleting the App does not delete copies you have already sent to us, which we are required or permitted to retain as part of our health care records; our Notice of Privacy Practices describes the rights you have with respect to those records.

Who may use the App

The App is for adults. By using it, you confirm that you are the parent, legal guardian, or authorized caregiver of the child about whom you are entering information, and that you have authority to provide that information to us. The App keeps information on the device it is installed on rather than in an account, so each device holds its own record and the information on one device is not visible on another. If more than one adult uses the same device, each of them will see everything recorded on it.

Relationship to our Notice of Privacy Practices

Once information you transmit through the App is received by Mindcolor, it is handled as part of our operations as a health care provider and is governed by our Notice of Privacy Practices. This Privacy Policy describes the App and the choices available to you within it; it does not replace, and is not a substitute for, the Notice of Privacy Practices.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services.

How to Contact Us

You can reach us at the following mailing address:

For questions about this Privacy Policy, or to make a request concerning information you have sent us through the App, contact our Privacy Officer at compliance@mindcolorautism.com.