This Privacy Policy (“Privacy Policy”) describes how Keyboard LLC and its subsidiaries and affiliates (collectively, “Gretchen Rubin Media” or “us” or “we”)  collect and use information we obtain from and about individuals while interacting with our Site (as defined below). 

Gretchen Rubin Media helps individuals shape and make progress toward their goals by offering a variety of personalized tools and practical strategies to be happier, healthier, more productive, and more creative. To engage with our services, our customers may share personal information with us, including, but not limited to, contact details.

By using our Site, you consent to the data practices described in this Privacy Policy. The term “Site” as used within this Privacy Policy refers to:

• The gretchenrubin.com website, The Happiness Project® website (the-happiness-project.com) and any other websites or online services controlled by us and which display this privacy policy; 
• Digital and mobile application services and products that we provide to our customers, including The Happier App® ; and
• Our social media pages.
  
  

Information we collect

We collect information about individuals who interact with Gretchen Rubin Media by visiting the Site. We may collect this information directly from individuals  (e.g., when you submit information via our Site), by automated means (e.g., via cookies and similar technologies), and from third-parties including services providers, data brokers / resellers of data, advertising networks, social media platforms and networks, vendors, and our business partners. 

Types of information we collect include “Personal Information”, which means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include consumer information that is deidentified, aggregate consumer information, or publicly available information (i.e., information that is lawfully made available from government records).

The types of information we may collect or receive from you when you visit the Site include without limitation:

• Personal and business contact information,  such as first and last name, business name, job title, address, account name and similar identifiers, telephone number, email address, and mailing address; 
• Payment information, such as credit card or other financial account numbers; We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument which is stored by the payment processor. 
• Purchase history data, including records of products and services purchased, obtained or considered;  Geolocation data;  Demographic and profile data, such as age and income level; and  Inferences drawn from any of the information above used to create a consumer profile. 
• Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Apple or Google Accounts. 
• Data collected by automated means, including cookies. We, our service providers, and our business partners may collect certain information about you and your use of our Site by automated means, including cookies, web beacons, and other technologies.

• A “cookie” is defined as a text file sent by a website to a visitor’s computer or Internet-connected device, used to uniquely identify the visitor’s browser or store browser information or settings.
• A “web beacon,” sometimes called an Internet tag, pixel tag, or clear GIF, sends information back to a web server. 

Types of data we may collect via automated means include without limitation:

• Details about the devices that are used to access our Site (such as the IP address, type of operating system and web browser, browser language, domain server, and type of computer or device);
• Dates and times of visits to, and use of, our Site;
• Information about how our Site is used (such as the content that is viewed across our online properties and how users navigate between pages and properties, and the date and time of access);
• Details about how individuals interact with our emails (such as whether the email is opened and which links are clicked in the email);
• URLs that refer visitors to our Site;
• Search terms used to reach our Site
• Your browsing history, search history, and information regarding your interaction with the Site and/or advertisements;

When you use our Site, we, our service providers, and business partners may collect information about your online activities over time and across third-party websites. Pending regulatory consensus, our Site does not respond to browser-based do-not-track (“DNT”) signals at this time. Some web browsers may offer users the ability to disable receiving certain types of cookies. Please note that should you choose to disable cookies, some of the features or functionality of our online properties may not function correctly.

When using The Happier App® we may also collect the following information if you choose to provide us with access or permission: 

• Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s bluetooth, calendar, camera, own, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
• Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.]

How we use Personal Information

Personal Information may be used to provide our service to our customers, as well as to communicate about the products and services we offer, and accurately respond to incoming questions, requests, and feedback. We may also use Personal Information  and other information collected or received via the Site in order to:

• Invoice and collect payment;
• Fulfill orders and transactions;  Provide you with information about our Site, company, products, services, events, and promotions;  Get in touch with you when necessary;
• Create and maintain an individual’s profile and preferences in our services;
• Serve our own internal business purposes, such as maintaining or servicing accounts, providing customer service, verifying customer information, processing payments, and performing analytics;  Conduct internal research for research and development and product improvement purposes;  Verify and maintain the quality and safety of a service or product and to improve, upgrade or enhance the service or product; 
• Comply with legal requirements and judicial processes;
• Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the Terms of Service that govern the Site and services we provide;
• Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);
• Tailor your experience on the Site and the content we display in our communications, on our Site, and in our services and in mobile apps;  Conduct and provide marketing and advertising (including for short-term transient use, such as customization of ads);  Enable the services of third parties that you authorize;  Administer our Site and help diagnose problems with our server; and
• Administer surveys and other market research.

We may aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

Information collected via automated means may be used for various purposes, including to keep track of your shopping cart, facilitate the sign-in process, authenticate users, personalize your experience when visiting the Site, analyze which portions of the Site are most visited or used, and to serve ads on our behalf across the Internet.

How we share information

We do not sell Personal Information to third parties. We may share Personal Information for the purposes set out in this Privacy Policy with:

• Our affiliates and partners;  
• Other parties with whom we jointly provide services or products;
• Service providers that perform services on our behalf (including payment processing, shipping and delivery, technology support, web hosting, email communications,  hosting, managing and servicing data, research and analysis, advertising, analytics, promotions, video conferencing, and event hosting);
• Survey and market research providers;
• Advertising and marketing partners;
• Other third parties to the extent necessary to: (i) comply with a government request, court order or applicable law; (ii) prevent illegal uses of our Site or violations of our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting); 
• To another party in the event that we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation); and  Any other third party where you have provided your consent.

In addition, we may share your information to comply with legal and regulatory requirements, and protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.

Please note that third-party service providers have their own privacy policies. We recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by such providers. In addition, to the extent our Site contains links to other parties’ websites, you should review the privacy policies of those other sites, as we are not responsible for the privacy practices or content on other websites. 

Your privacy preferences, rights, and choices

Individuals have certain rights and choices regarding Gretchen Rubin Media’s processing of their Personal Information. 

We reserve the right to verify the identity of the individual in connection with any requests regarding Personal Information. This helps ensure that we provide the information only to the individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information. 

For information about the rights and choices users have with respect to cookies and online tracking, please see the “Data collected by automated means, including cookies” section of this policy.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
  • Send users information about special offers and discounts on our products and services
  • Develop and display personalized and relevant advertising content for our users
  • Analyze how our services are used so we can improve them to engage and retain users
  • Support our marketing activities
  • Diagnose problems and/or prevent fraudulent activities
  • Understand how our users use our products and services so we can improve user experience
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

In legal terms, we are generally the “data controller” under European data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a “data processor” on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the “data controller” responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers’ privacy practices, you should read their privacy policies and direct any questions you have to them.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations

General Objections
We will respond in accordance with applicable law to any requests you submit to withdraw any consent you previously provided to us or to correct, amend, access, or delete the Personal Information that we maintain about you. If you wish to submit any such request please contact us at info@gretchenrubin.com.

We will also provide EU or Swiss individuals with opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.

Marketing Emails
You may unsubscribe from receiving marketing or other commercial emails from Gretchen Rubin Media by following the instructions included in specific emails. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our terms).

Consumer Privacy for California Residents
If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. Beginning January 1, 2020, the CCPA gives you certain rights with respect to the processing of your Personal Information. This section provides additional privacy disclosures and informs you of key additional rights as a California resident.  

• Right to Know Request: Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information: (i) categories of and specific pieces of Personal Information we have collected about you; (ii) categories of sources from which we collect Personal Information; (iii) purposes for collecting, using, or selling Personal Information; (iv) categories of third parties with which we share Personal Information; (v) categories of Personal Information disclosed about you for a business purpose; and (vi) if applicable, categories of Personal Information sold about you and the categories of third parties to which the Personal Information was sold, by category or categories of Personal Information for each third party to which the Personal Information was sold. To make a verifiable request for information about the Personal Information we have collected about you, please email us at info@gretchenrubin.com.

• Right to Delete Request: Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions. You may exercise your right to delete by emailing us at info@gretchenrubin.com. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your Personal Information accordingly. Your request to delete your Personal Information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA. Please note that a record of your deletion request may be kept pursuant to our legal obligations.

• Household Requests: We do not knowingly collect household data. If all the members of a household makes a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.

• General Requests under CCPA: You may make a verifiable consumer request related to your personal information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA.

• Requests made through Agents: You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

• Disclosures of Personal Information for a Business Purpose: In the last 12 months, we may have disclosed certain Personal Information (e.g., username; display name; email address; billing information and history; business information, if applicable) to third party recipients for one or more business purposes.

• California Privacy Rights under the “Shine the Light” Law: Pursuant to Section 1798.83 of the California Civil Code (a separate law from the CCPA), residents of California have the right to ask us for a notice describing the categories of Personal Information we have shared with third parties or among our affiliated companies, for their direct marketing purposes, during the preceding calendar year. If you are a California resident and would like a copy of this notice, please send an email to info@gretchenrubin.com with “Request for California Privacy Information” in the subject line and body of your message. Please allow 30 days for a response.

Consumer Privacy for Virginia Residents 

Virginia CDPA Privacy Notice

Under the Virginia Consumer Data Protection Act (CDPA):

“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.

“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information.

“Sale of personal data” means the exchange of personal data for monetary consideration.

If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

The information we collect, use, and disclose about you will vary depending on how you interact with Gretchen Rubin Media and our Services. 

Your rights with respect to your personal data

• Right to be informed whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects 

Gretchen Rubin Media has not sold any personal data to third parties for business or commercial purposes. 

Exercise your rights provided under the Virginia CDPA

You can opt out from the selling of your personal data, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings. You may contact us by email at info@gretchenrubin.com. If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Verification process

We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Right to appeal

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at info@gretchenrubin.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint.

GDPR Compliance for customers in the EU

In compliance with GDPR (General Data Protection Regulation), Gretchen Rubin Media commits to resolve complaints about your privacy and our collection or use of your personal information. Individuals within the European Union with inquiries or complaints regarding this privacy policy should first contact us at: info@gretchenrubin.com.

How we protect your information

We maintain reasonable administrative, technical, and physical safeguards designed to protect the Personal Information we maintain against accidental, unlawful, or unauthorized access, disclosure, alteration, use, loss, or destruction. However, we cannot guarantee that these safeguards will be 100% effective in ensuring the security of Personal Information. Please note that it is important for you to protect against unauthorized access to your computer, device and log-in information. 

Children’s Privacy 

We do not direct our Site to, nor do we knowingly collect any Personal Information from, children under the age of 18. You must be 18 years of age or older to submit Personal Information to us, place an order, or participate in any online promotions on the Site. 

International Users 

This Site is intended for users in the United States. If you choose to provide us with your information, you consent to the transfer, storage and processing of that information on our servers located in the United States and around the world. The information we collect may be subject to international and U.S. state and federal law. If you are accessing the Site from outside the U.S., please be advised that you may be transferring your Personal Information to us in the U.S. where data protection and privacy laws may be different than the laws of your country. By using the Site, you consent to the transfer and use of your Personal Information in accordance with this Privacy Policy. 

Changes to our Privacy Policy

We reserve the right to change this Privacy Policy at any time. When we do make updates, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Policy and providing other notification as required by applicable law. We may also notify you of changes in other ways, such as via email or other contact information you have provided. We encourage you to check this webpage periodically so that you are aware of any such changes. 

Contact us 

If you have any questions or concerns about this Privacy Policy, please email us at info@gretchenrubin.com.