TUSION PRIVACY POLICY
Last modified: November 8, 2018
Tusion, Inc. operates the Tusion mobile application ("App"), the Tusion enterprise solutions for businesses ("Enterprise Solution"), the Tusion.xyz website ("Site"), and the accompanying games and data processing services (together with the App, the Enterprise Solution, and the Site, the "Services"). The Services integrate with neuro devices to provide feedback on users' productivity to assist with reducing users' stress levels. The Tusion platform can be used by individuals or businesses. For individuals, productivity and stress metrics are accessible by the user. For businesses, productivity and stress metrics are accessible by the users and the business subscriber.

Tusion respects and protects the privacy of the users that use our Services. We maintain strict policies to ensure the privacy of those who use our services ("End Users"). This policy ("Privacy Policy") describes the types of information we may collect from you and our practices for how we collect, use, maintain, protect, and disclose such information. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you.

By using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is to not use our Services.

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our End Users' personal information, we will notify you by email to the primary email address specified in your account or through a prominent notice on the App. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of our Services following the posting of any modification to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue use of the Service if you do not accept any modified version of this Privacy Policy.
Information that Tusion Collects
Types of Information Collected
Personal Information:
Tusion may collect the following personal information from you:
  • Name,
  • Email,
  • Profile Photo,
  • Phone Number,
  • Employer Name (for Enterprise Solutions),
  • Payment information
  • Password, and IP addresses.
Non-Personal Information
Tusion may collect the following non-personal information from you:
  • Browser Type,
  • Domain Names,
  • Access Times,
  • Physical Location, and
  • Time Zone.
We may combine non-personal information you give to us with personal information we collect about you. When combined, this will be treated as personal information and we will only use it in accordance with this Privacy Policy.
How we collect information?
We collect your personal information when you, or your employer, affirmatively give it to us through interactions with Tusion, including:
  • During sign up to use Tusion;
  • Through service requests or customer support;
  • Through survey forms; or
  • Through general use of the Tusion app or accompanying services.

We may collect non-personal information via automatic means including through cookies or through our third party service providers listed below.
Legal Basis for Using Your Information
In general, we use your personal and non-personal information:
  • when it is necessary in connection with any contract that you (or a third party) have entered into with us, or to take steps prior to entering into a contract with us;
  • when have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law;
  • when we have a legitimate interest in processing your information for the purpose of providing or improving our services;
  • when we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws;
  • we have a legitimate interest in using the information for the purpose of detecting and protecting against fraud; or
  • when we have obtained your prior consent to the use (this legal basis is only used in relation to uses that are entirely voluntary – it is not used for information processing that is necessary or obligatory in any way).
Updating Your Information
You may review and/or update certain account information by logging in or contacting us at hello@tusion.xyz.
Contacting You.
We may contact you via email, phone call, or as otherwise directed by you. We will only contact you with your consent and will provide opt-out options for non-administrative communications.
How Long do we Store Personal Information?
We will only retain your personal information for as long as is necessary to fulfil the purposes for which it is collected, including under contractual restrictions. This may vary according to the nature of your relationship with us.
Cookies
A cookie is a small file placed on the hard drive of your computer. We use cookies to help us manage and report on your interaction with the Services. Through cookies, we are able to collect information that we use to improve the Services, keep count of return visits to our website, keep track of click-stream data, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Services in a single browser. We may also collect other data such as the date and time you visited the Services, and your current IP address. Refusing cookies through your browser may cause you to be unable to access certain parts of our Services or the functions of the Services may be impaired.
Users under the age of 16
Our Services are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.
Use of Performance Data Resulting from Use of Tusion App
When you use the Services, Tusion gathers information based on feedback from offline activities and interactions with in-app activities. Based on your inputs into the platform, Tusion uses some of this information to generate performance data on your productivity and stress levels.

If your Tusion account was created in connection with an Enterprise Solution (through an employer), Tusion may share your personal performance data with the Enterprise Solution administrators.

We may use aggregated (anonymized) information about our End Users, and information that does not identify any individual, without restriction.
Who We Share Data With
We may use aggregated (anonymized) information about our End Users, and information that does not identify any individual, without restriction.
Affiliates
We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards. These companies may be based within or outside of the EEA and, in some cases, in countries which do not afford the same level of personal information protection as may be found, for instance, in EU countries.
Successors in Interest.
We may, for our legitimate interests, share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Tusion's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Tusion about our End Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail to the primary address affiliated with your account. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer.
Compliance with law and protection of people and property.
We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
Service providers and partners.
We may, for our legitimate interests, share your information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. These service providers may be located in the EEA, US or in other locations.

A list of service providers and partners is provided below.
Third-Party Authentication
When you create your Tusion by authenticating with a third-party service (like Google+ or Facebook) we may collect and store information associated with that third-party account depending on your settings on such services. If you do not wish to have this information shared, do not use a third-party service to access Tusion. Each third-party service has their own data collection, use, and sharing practices that may also be applicable to your personal information, and such practices are not covered by this Privacy Policy. You acknowledge and agree that you are solely responsible for your use of those third-party service providers and that it is your responsibility to review the terms of use and privacy policies of the third-party service providers and the methods they use for changing the privacy or sharing settings on such services. If you would like to remove the connection between Tusion and your third-party service account, please log in to such account and make the required changes to your account. We will then no longer have the right to use information from your third-party service account.
Information Storage and How Tusion Protects Your Information
Tusion stores personal information about End Users within the United States. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy.

Tusion employs physical, electronic and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information

To provide you with the App and Services and to store and process your data we use Amazon Web Services ("AWS"). We use AWS to store certain data and software. AWS delivers a network of data centers located around the world, including in the United States of America. For more details of AWS's privacy and security processes, please visit http://aws.amazon.com/privacy/ and http://aws.amazon.com/security/.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

In the event that there is breach in the information that we hold, we shall notify of such breach via email to the email listed in connection with your account.

EEA Specific Rights for Personal Data
For the purposes of data collection under the GDPR, Tusion shall be the data controller. If you are an individual resident in EEA, you have the following data protection rights regarding Personal Data:
  • You have the right to access, correct, update or request deletion of your Personal Data. You can do so at any time by contacting us.
  • You have the right to object to processing of your Personal Data, to ask us to restrict processing of your Personal Data, or to request portability of your Personal Data. Again, you can exercise these rights by contacting us.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
  • You have that right to revoke consent that was previously given. If we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

If you would like to exercise any of the above rights, please contact our support team or contact us at hello@Tusion.xyz
California and Vermont Specific Rights
California: If your Tusion account has a California mailing address, we will not share personal information we collect about you except to the extent permitted under California law. California residents are permitted to request a full list of personal information stored by Tusion, which may be subject to a reasonable fee. To make such a request, please send an email to the email address listed below.

Vermont: If your Earbuds account has a Vermont mailing address, we will not share personal information we collect about you with non-affiliates unless the law allows or you provide authorization.
Questions and Comments
If you have any questions about this Privacy Policy, please contact us by email at hello@tusion.xyz or by mail at 220 East 23rd Street, Suite 500, New York, NY 10010
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