MindCapsule — Privacy Policy

This Privacy Policy explains how MindCapsule ("MindCapsule," "we," "us," or "our") collects, uses, stores, and protects your information when you use our mobile application and related services (the "Service"). By using MindCapsule, you agree to the terms of this Privacy Policy.

1. Overview

MindCapsule is a mobile application (currently available on iOS) that allows users to create, store, and organize personal content such as text, photos, videos, audio, and instructions intended for personal, family, or legacy purposes.

We use Firebase and Apple services to store, process, and deliver this data securely. This Privacy Policy reflects MindCapsule's obligations under applicable law, including the Texas Data Privacy and Security Act ("TDPSA"), Tex. Bus. & Com. Code §§ 541.001 et seq., effective July 1, 2024, to the extent applicable to MindCapsule's processing of personal data of Texas residents.

2. Information We Collect

A. Information You Provide

We collect information you directly provide when using the Service, including:

Account information (such as name, email, and user ID)
Profile information and preferences
User-generated content, including text entries, photos and videos, audio recordings, biometric identifiers or biometric information that may be incidentally captured in audio or video recordings you upload (such as voice patterns or facial features), which MindCapsule does not independently process for identification or biometric recognition purposes, and which is collected solely as embedded within user-uploaded media content
Files, messages, and instructions
Trusted contact or recipient information you choose to add
Support messages and communications with us
Subscription and purchase-related status information (handled via Apple)

B. Information Collected Automatically

When you use the app, we may automatically collect:

Device information (model, OS version, app version)
App usage data (features used, interactions, session activity)
Crash logs, diagnostics, and performance data
IP address and approximate location (derived, not precise GPS)

C. Information from Apple and Third Parties

We may receive limited data from Apple App Store (subscription status, purchase confirmations), Firebase / Google Cloud infrastructure (authentication, storage, analytics, crash reporting), and analytics providers (aggregated usage insights). We do not receive your full payment card details.

3. How We Use Information

We use your information to: provide and operate the MindCapsule app; store and deliver your content securely; sync data across devices; enable Final Wishes and scheduled/conditional delivery features; manage accounts and authentication; process and verify subscriptions via Apple In-App Purchases; improve app performance, reliability, and user experience; provide customer support; detect and prevent abuse, fraud, or security issues; and comply with legal obligations.

MindCapsule does not use your personal data for targeted advertising, cross-context behavioral advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects.

4. Final Wishes and Sensitive Content

MindCapsule may store highly personal, emotional, or legacy-related content based on your choices. You control what you upload and store.

However, you should NOT store highly sensitive credentials, including passwords or PINs, bank or financial login credentials, full account numbers, cryptocurrency seed phrases or private keys, or any sensitive authentication secrets.

MindCapsule is not a secure credential vault or password manager and should not be used as one.

You may instead store general account locations (e.g., "Chase Bank," "Coinbase account"), instructions for loved ones, asset descriptions, and document locations and guidance. You are solely responsible for the content you choose to store.

EXPRESSLY PROHIBITED CONTENT: IF YOU CHOOSE TO STORE PROHIBITED CREDENTIALS OR SENSITIVE ACCESS INFORMATION DESPITE THIS WARNING: (i) YOU DO SO IN VIOLATION OF THE TERMS OF SERVICE AND AT YOUR SOLE RISK; (ii) MINDCAPSULE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DISCLOSURE, UNAUTHORIZED ACCESS, THEFT, OR MISUSE OF SUCH INFORMATION; AND (iii) MINDCAPSULE DOES NOT TREAT USER-STORED PROHIBITED INFORMATION AS TRIGGERING ANY DATA BREACH NOTIFICATION OBLIGATION UNDER APPLICABLE LAW, AS SUCH INFORMATION IS STORED IN VIOLATION OF THE TERMS OF SERVICE.

5. How We Store and Protect Data

Your data is stored using Firebase (Google Cloud) and related third-party cloud infrastructure providers. MindCapsule's security capabilities are in part dependent upon and limited by the security practices, certifications, and availability of these third-party providers, whose own terms, privacy policies, and security standards govern their handling of data.

We use reasonable technical and organizational safeguards to protect your information, including encryption in transit and at rest where supported by our infrastructure providers. However, no system is completely secure, and we cannot guarantee absolute security.

In the event of a security incident that may affect the security of your personal data, MindCapsule will notify affected users in accordance with applicable law, including the Texas Business & Commerce Code Section 521.053 (Texas Identity Theft Enforcement and Protection Act).

5A. Texas Privacy Rights (TDPSA)

If you are a resident of Texas, the Texas Data Privacy and Security Act ("TDPSA") provides you with specific rights regarding your personal data:

Right to Confirm and Access. You have the right to confirm whether MindCapsule is processing personal data concerning you and to access such personal data.
Right to Correction. You have the right to correct inaccuracies in your personal data.
Right to Deletion. You have the right to request deletion of personal data concerning you.
Right to Data Portability. You have the right to obtain a copy of personal data in a portable and readily usable format.
Right to Opt Out. MindCapsule does not sell personal data, does not process personal data for targeted advertising, and does not engage in profiling producing legal or similarly significant effects.
Sensitive Personal Data. By submitting sensitive data to the Service, you consent to MindCapsule's processing thereof solely for the purposes of providing the Service.

To exercise any right, submit a verifiable consumer request to privacy@themindcapsule.com. MindCapsule will respond within 45 days.

If MindCapsule declines your request, you may appeal within 30 days. MindCapsule will respond to appeals within 60 days. If your appeal is denied, you may contact the Texas Attorney General.

6. Subscriptions and Payments

MindCapsule offers auto-renewing subscriptions processed exclusively through Apple In-App Purchases. We do not directly process or store your payment card details. Apple handles billing, renewal, cancellation, and payment security.

7. How We Share Information

MindCapsule does not sell your personal data to third parties and does not share personal data for cross-context behavioral advertising. We may share information with service providers (Firebase, Apple), with trusted contacts when you choose to release content, to comply with legal obligations, to protect the rights and safety of users, in the event of a business transfer, and to enforce our Terms of Service.

8. Final Wishes / Release Features

If you use features that schedule, release, or share content with designated contacts, we may store recipient information, execute content delivery based on your settings, and attempt verification steps. We do not guarantee successful delivery in all cases.

MindCapsule processes personal data in connection with the Final Wishes Feature solely for the purposes of providing the feature. MindCapsule does not use Final Wishes Content for marketing, advertising, profiling, or sale.

9. Data Retention

We retain data as long as your account is active or as needed to provide the Service. You may delete your account at any time.

Final Wishes Content for confirmed-deceased users will be retained only as necessary to complete delivery, and will be archived for no longer than twelve (12) months before permanent deletion, unless otherwise required by law.

10. Data Security

We use Firebase and industry-standard cloud infrastructure security practices to protect your data. While we take reasonable precautions, no method of storage or transmission is 100% secure. You use the Service at your own risk.

11. Your Rights

Depending on your location, you may have rights to access, correct, delete, export your personal data, withdraw consent, opt out of marketing, and exercise any rights provided under applicable state privacy law.

For Texas-specific TDPSA rights, refer to Section 5A above.

12. Third-Party Services

MindCapsule relies on Apple, Firebase / Google Cloud, and analytics tools. These providers have their own privacy policies. MindCapsule maintains contractual data processing agreements with significant service providers.

13. International Users

Your information may be processed and stored in the United States or other countries where our infrastructure providers operate. By using the Service, you consent to this transfer and processing.

14. Changes to This Policy

We may update this Privacy Policy from time to time. If changes are material, MindCapsule will provide at least thirty (30) days' advance notice through the app, by email, or by other prominent means. Continued use of MindCapsule means you accept the updated policy.

15. Contact Us

If you have questions about this Privacy Policy, contact us at:

support@themindcapsule.com

For privacy-specific inquiries, including TDPSA rights requests:

team@themindcapsule.com