Privacy Policy

This Privacy Policy outlines how we collect, utilize, disclose, and store Personal Information that you provide to us through our website and mobile application tools, collectively referred to as the "Services." Please carefully read and understand this Privacy Policy. If you have any questions, feel free to reach out to us at support@lystener.com.

This Privacy Policy covers the following:

1. Acceptance of the Privacy Policy By submitting your Personal Information through the Services, you consent to the collection and processing of your Personal Information as described in this Privacy Policy. Your use of the Services signifies your acceptance of both this Privacy Policy and our Terms of Use.

2. Effective Date and Changes to Privacy Policy The Effective Date of this Privacy Policy is specified at the top. We may modify this Privacy Policy at our discretion and as required by law. When we make substantial changes, we will notify registered users through email and by posting updates on this page. Your continued use of the Services after the Effective Date constitutes acceptance of the revised Privacy Policy, which supersedes all prior versions.

3. Personal Information We Collect To provide our Services, we require specific Personal Information. "Personal Information" encompasses details such as your first name, last name, email address, location, phone number, and certain demographic data (e.g., age, gender, race, ethnicity, primary language spoken, sexual orientation, disabilities, and veteran status). Additionally, information regarding your health and medical history, which you may provide while using the Services, is collected. We also gather data related to your interaction with and usage of your device. Personal Information that has been anonymized is not considered Personal Information as it cannot identify a specific individual.

We may review chat and voice transcripts between users and Lystener Therapists on occasion for quality control, safety concerns, and to prevent platform misuse. Aggregated data from transcripts may be used for research and development while adhering to confidentiality and privacy standards.

Access to our Services, contact with us, other users, therapists, or health care providers via the Services, as well as the utilization of therapy exercises and programs, necessitates the provision of Personal Information.

• Account Setup: When registering an account with us, we collect Personal Information like your name, email address, phone number, birth date, and address to facilitate our Services.

• Paid Services: Purchasing paid services, such as therapy or upgrades, requires the collection of billing information such as your name, address, and credit card details for payment processing.

• Listener and Therapist Applicants: Applicants seeking to become Listeners or Therapists on Lystener's Listening Platform must submit requested Personal Information, which will be stored by Lystener. Additional privacy terms may apply to Listeners or Therapists, which will be provided upon application.

• Mental Health Services: Personal Information is collected when accessing mental health services through our platform, when contacting us, therapists, or other healthcare providers via the Services, or when using therapy exercises and programs.

• Public Forums, Chats, or Other Features: Depending on how you use the Services, you may share Personal Information with other users in public forums, chats, or non-private locations. We discourage sharing Personal Information in such places.

• Log Data: Information on how you use our Services is stored, processed, and transmitted to provide you with engagement, education, and behavioral activation strategies.

• Surveys: We may occasionally collect Personal Information through surveys to enhance our web content and service quality.

• Assessments: Periodically, emotional wellness assessments may require you to provide Personal Information, but participation is optional and does not affect your access to other Services.

• Requests for Information, News, and other Content: When signing up to receive information, news, or content related to Lystener's products, services, or events, you will be asked for Personal Information, including your name, email address, address, and phone number.

• Technical Support Requests: When seeking technical support for Lystener's Services, you will complete a form that includes Personal Information such as your email address and a description of the issue. We retain email and chat communications for issue resolution.

• Browser Information and Cookies: We utilize browser information (e.g., IP addresses and browser types), cookies, and pixel tags for various purposes, including determining what data to display on your browser, improving our offerings, ensuring a secure browsing experience, and gathering demographic information. Refer to the "Cookies" section for more details.

Users can request to download their stored Personal Information and request account deletion. In specific situations, we may retain certain Personal Information as permitted by law, such as when a user has violated our Terms, caused harm, abused our Services, or negatively impacted other members' experiences. This retention may enhance security and safety for our members.

1. Cookies and Other Tracking Technologies Cookies are small files, typically containing letters and numbers, downloaded to your computer or mobile device when you visit particular websites. We use first-party and third-party cookies for several purposes:

• Ensuring proper functioning of our Services.

• Providing a secure browsing experience.

• Collecting passive information about your Service usage.

• Enhancing and improving our Services.

• Remembering your preferences for convenience.

Additionally, we employ pixel tags to track activity on web pages and email interactions. Pixel tags help identify the browser and computer used, the presence of cookies, and whether web pages or emails with pixel tags were accessed or forwarded.

1. Why We Collect Your Personal Information We may use the Personal Information we collect for various purposes, including:

• Operating, providing, and improving our Services.

• Communicating with you regarding Services and promotions.

• Ensuring network and information security.

• Offering customer support and responding to inquiries.

• Protecting you, us, and other users.

1. Personal Information We Share We may share and disclose Personal Information in the following situations:

• Third-Party Service Providers: We share Personal Information with select third-party service providers who assist us in delivering our Services and are bound by confidentiality obligations. These providers may include hosting services, email updates, administrative support, financial services, quality assurance, and data aggregation.

• Therapists: If you choose to consult with a licensed therapist through Lystener, we may share your information with the therapist to enable and facilitate care.

• Healthcare Providers: If your healthcare provider has referred you to our Services as part of your care plan, we may share your Personal Information with them to facilitate your care.

• For Legal Purposes: We will disclose your Personal Information when required by a subpoena, regulation, legal process, government request, or other legal or regulatory mandate. We may also share your Personal Information to enforce our rights and remedies.

• Welfare Assurance: If there is a reasonable belief that your safety or the safety of others is at risk, we may disclose your Personal Information directly to law enforcement or local authorities.

• Business Transfer: In the event of mergers, reorganizations, consolidations, restructuring, bankruptcy, asset sales, or similar transactions, we may transfer your Personal Information to the subsequent owner or operator of the Services.

• Anonymized Data: We may de-identify your Personal Information, aggregate it with other users' de-identified data, and share this anonymized, aggregated data with program sponsors, such as government health agencies, researchers, or healthcare providers. This data contributes to global mental health understanding while preserving individual privacy and anonymity.

1. Security of Your Personal Information We employ reasonable security measures to protect the information submitted through our Services. However, the security of data transmitted over the Internet can never be guaranteed. To enhance security, we may suspend your use of the Services without notice if a security breach is suspected.

• Your Responsibilities: Users are responsible for maintaining the security of passwords, user IDs, or other authentication methods for accessing password-protected or secure Service areas.

• Unauthorized Access: Access to password-protected or secure areas is restricted to authorized users. Unauthorized access is strictly prohibited.

• Encryption and Firewalls: All information, including chat transcripts and personal data, is encrypted during transmission using Secure Socket Layer (SSL) encryption. Stored data is also encrypted, and access is protected with multi-layered security controls, including firewalls, role-based access, and passwords.

1. Retention Period We generally retain Personal Information for as long as your account is active or as necessary to fulfill the purposes outlined in this Privacy Policy. Private messages are stored for up to one year, group messages for up to 30 days, and community forum posts are retained at the discretion of Community admins. Accounts with over one year of inactivity may have associated Personal Information purged at Lystener's discretion.

2. Links to Other Sites Our Services may include links and widgets related to third-party websites and services ("Third Party Services") with which we have no affiliation. Clicking on these links or widgets does not imply endorsement of Third Party Services or their quality and accuracy of information. When visiting Third Party Services, you are subject to their privacy policies, not ours. We discourage users from initiating offsite contact with each other.

3. Nondiscrimination Lystener does not discriminate based on race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, or military status in any of our activities or operations.

4. Children's Data Lystener complies with the Children’s Online Privacy Protection Act and clearly specifies that users must be at least 18 years old. Children aged 13-17 may only participate in our Services with parental consent. If we discover that a child under 18 (or aged 13-17 without parental consent) has provided us with Personal Information, we will take steps to delete this information from our records.

5. Therapists as Mandated Reporters Therapists are mandated reporters and legally obligated to report signs of child abuse or vulnerable adult abuse. However, adults in therapy provide Personal Information voluntarily, which will only be disclosed to a therapist if they or someone else is in imminent danger.

6. Our Relationship to You Lystener acts as a data controller for Personal Information collected from Users of our Service. A "data controller" determines the purposes and manner of processing personal information. Third parties handling your Personal Information in accordance with our instructions are our service providers, serving as "data processors."

7. Legal Bases for Processing Personal Information We process your Personal Information for various purposes, and we rely on specific legal bases for each. These include fulfilling contractual obligations, obtaining consent, meeting legal obligations, protecting vital interests, processing in the public interest, and pursuing legitimate interests. Details on the legal bases for processing are outlined throughout this Privacy Policy.

8. Marketing We may contact individuals located in the Designated Countries for marketing purposes based on legitimate interests or consent, as permitted by applicable law. When relying on legitimate interests, we only send information about Services similar to those previously of interest to you. You can object to direct marketing at any time, free of charge.

9. Individual Rights We strive to maintain accurate, complete, and up-to-date Personal Information. You have the right to access, correct, or delete your Personal Information under certain conditions. You may also request restrictions or object to further processing. If technically and legally feasible, we can transmit your Personal Information to a third party upon request. If you believe we have violated your privacy rights, please contact us to address your concerns or lodge a complaint with the relevant data protection authority.

To exercise your rights under applicable law, contact us at support@lystener.com. We may verify your identity to ensure data security. However, we may limit these requests in specific cases as permitted by law, such as when denying access is required by law, impacts others' privacy, protects our rights, or is frivolous or burdensome.

1. Notices For questions, comments, or notices regarding this Privacy Policy, please reach out to the Lystener Privacy Officer at support@lystener.com.