Privacy Policy

Effective Date: November 14, 2018

Monclarity, LLC (“Monclarity”, “we” or “us”), the operator of BRAINWELL® , MINDWELL and HAPPYNOTPERFECT, is committed to respecting the privacy rights of its visitors and users of BRAINWELL® online at www.brainwell.com and www.monclarity.com, HAPPYNOTPERFECT online at www.happynotperfect.com, (the “Site”) and on mobile devices (collectively, the “Services”). We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Services, and to demonstrate our commitment to fair information practices and the protection of your privacy. This Policy is only applicable to the Services, and not to any other websites that you may be able to access from the Services, each of which may have data collection and use practices and policies that differ materially from this Policy.

We may modify this Policy from time to time. When changes are made, we will provide advance notice to you either by email, push notification, by posting a notification on the Service or by posting an updated Privacy Policy in advance of the effective date of the updated Privacy Policy. YOUR USE OF THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.

Monclarity’s Information Collection Practices

We automatically track and collect the following categories of information when you visit the Service:

  • Location information (Traffic Data): This is the geographic area where you use your computer and mobile devices as indicated by an Internet Protocol (IP) address or similar identifier when interacting with our service or site. Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Service.
  • Log data.  As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Site and/or Services and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.
  • Usage information.  This is information about how you use Monclarity’s site or services. We may also obtain data from our third-party partners and service providers to analyze how users use our Site, and/or Services. For example, we will know how users access pages on the Site and which links they clicked on. We use this aggregated information to better understand and optimize your experience with us.
  • Device Information.  This includes information from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using Monclarity Services.
  • Cookies. We may use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password, if any, so you do not have to re-enter it each time you visit the Service. Cookies (and similar technologies) are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. Cookies and similar technologies, including tracking pixels and web beacons, are used to collect usage and analytic data that helps us provide our Site, and/or Services to you, as well as to help deliver ads for relevant to Monclarity’s products and services to you when you visit the Site and then visit certain third-party sites.
  • Personal Information. Although you may freely visit the Site, to use the Service you must create an account specific to the Monclarity service, which requires you to provide us with information about yourself (“Personal Information”). Personal Information includes the following categories of information: (1) “Contact Data” (such as your name, physical address, telephone number and e-mail address); (2) “Financial Data” (such as your bank account or Stripe account information); (3) “Demographic Data” (such as your zip code, age and gender); (4) “Communication Data” if you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information and (5) “Usage Data” this includes any information you supply or is collected within the Service (Examples of this can include but is not limited to answers to our quizzes, journal entries, playlists created, high scores, games played, diaries or mood information).

Uses of Information Collected.

Our Use of Non-Personal information:
We use Traffic Data and may use cookies for marketing purposes or for improving your experience on the Service.

Our Use of Personal Information:
We use, process, and store your Information as necessary to perform our contract with you and for our legitimate business interests, including the following:

  • To provide Customer Support to you. This includes responding to your requests for assistance, including providing account verification support if you’re having trouble accessing your account.
  • To help us administer our Site, and/or Services, authenticate users for security purposes, provide personalized user features and access, process transactions, conduct research, develop new features, and improve the features, algorithms, and usability of our Site and/or Services.
  • To communicate with you about your use of our Site and/or Services, product announcements, and software updates.
  • To send you emails and special offers about our Services, from which you can unsubscribe at any time. If you are located in the European Economic Area (EEA), we will now only send you marketing information if you consent to us doing so at the time you create your account or any point thereafter.
  • To provide you with your User Content associated with your account and make sure it is available to you when you use our Services.
  • To calculate aggregate statistics on the number of unique devices using our Site, Software, and/or Services, and to detect and prevent fraud and misuse of those.

Sharing of Personal Information:

  • We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.
  • We may share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies.
  • We may share your Contact or Financial data with service providers who assist us in meeting business operational needs, including hosting, delivering, and improving our Services.
  • We may share your Personal Information with Service Providers for specific services and functions such including email communication, customer support services, and analytics. These service providers may only access, process, or store Personal Data pursuant to our instructions and to perform their duties to us.
  • We may share your Contact Data and/or Financial Data with our business partners who assist us by performing our Services (including, without limitation, as hosting, billing, fulfillment, or data storage and security) related to our operation of the Service.
  • We may need to share your data in connection with a merger, acquisition, bankruptcy, reorganization, sale of some or all of our assets or stock, public offering of securities, or steps in consideration of such activities (e.g., due diligence). In these cases some or all of your Personal Data may be shared with or transferred to another entity, subject to this Privacy Policy.
  • Our business partners and service providers have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Monclarity. If you do not want us to share your Contact Data with any third parties, please email us at [email protected], but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Service. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described below.

Information Shared with Other Systems, Such as HealthKit or Google Fit:

  • You may instruct us to share certain of your information with systems such as Apple’s HealthKit or Google Fit, and/or to access information from those systems. Before you tell us to share your information with another system, you should review the applicable Privacy Policy of that system, since any information you have instructed us to share will become subject to those polices.
  • Monclarity Inc. does not share or otherwise disclose to third parties any user data or other information gained through the use of the HealthKit framework or Google Fit without your explicit permission.
  • Monclarity Inc. will not sell any of your information gained through HealthKit or Google Fit.
  • Monclarity Inc. will not use any of the information obtained through HealthKit or Google Fit for any purpose other than providing health and/or fitness services in connection with the Services.

Sale of Information:

In order to accommodate changes in our business, we may sell portions of our company, including the information collected through this Service. If Monclarity or substantially all of its assets are sold, customer information will be one of the assets transferred to the acquirer. The acquirer however must uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy.

Choice Regarding Collection, Use, and Distribution of Personal Information:

You may choose not to provide us with any Personal Information. In such an event, you can still access and use parts of the Service; however, you will not be able to access and use those portions of the Service that require your Personal Information.

Confidentiality and Security of Personal Information:

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

  • User Ability to Access, Update, Delete and Correct Personal Information.  You may request to review, correct or delete the Personal Information we have collected about you by contacting us at [email protected].
  • Security. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
  • Public Forums. The Service may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
  • Third Party Websites. The Service may contain links to other websites. If you choose to visit those websites, we are not responsible for the privacy practices or content of those websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
  • Consent to Processing and Transfer of Information from Outside of United States. If you access the Services outside of the United States, you fully understand and unambiguously consent to the transfer of your Personal Information to, and the collection and processing of such personal information in the United States.
  • Contact Information. If you have any questions about this Policy, our practices related to the Service, or if you would like to have us remove your Personal Information from our database please feel contact us at:

Happy Not Perfect, Ltd.
Attention: Legal Department
500 Airport Boulevard
Suite 455
Burlingame, California 94010
Email: [email protected]