(32022-06-23 15:27:55)
(Last modified June 1, 2023)
Welcome to Eno!
We are glad you are part of the Eno community and have joined us to help shape the future of mental fitness.
We value you as a customer and take the protection of your personal data very seriously. This Privacy Policy applies to the capture, processing, storage & use of personal data when you use the services of the Eno Platform.
Enopohones enable you to track your mental activity and how it is impacted by lifestyle choices. We understand that data does not get much more personal than this, and the protection of your personal data is of paramount importance to us. Please take a moment to carefully review this Policy.
We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the Services or otherwise interact with us. The Policy also explains your rights under the law, and how you can contact us and the necessary authorities to enforce those rights. We ask that you please read it carefully.
Notice and acceptance
By purchasing the Enophone, downloading, using, or accessing the Eno App on your Device, or acquiring access to any additional membership or subscription you hereby accept to be bound by the terms of the Policy. You may also have explicitly accepted the Policy following your installation of the Eno App and launch of the Eno App for the first time. By submitting personal data to us through the Eno App, the Website or otherwise, you consent to Eno’s collection, use and disclosure of such personal data in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Services. If you have downloaded the Eno App and do not agree to all the provisions of the Policy, you must delete the Eno App from your Device.
Key Elements of this Policy
We hope you will enjoy using our “Services”, which may be visiting or using the Eno website at https://getenophone.com/ or any subdomain thereof (the “Website”), or using the Eno headphone (the “Enophone”) or any of the Eno apps (the “Eno Apps”) , or purchasing a membership or subscription ( “Membership”) to access the Eno Apps or other content on your mobile device, laptop Device, or desktop (“Device”).
Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.
Eno collects and processes the different types of personal data for the following purpose:
Here is a summary of specific personal data we collect and how we use it.
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Personal data we collect from you but only with your consent |
What we do with it |
Third parties we share it with |
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Contact information |
Communicate with you and manage our relationship, depending on your relationship with us |
Companies that provide our communications services, such as MailChimp |
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Account information |
Manage your Eno App account, and enable logging in to the Eno App |
Companies that provide the infrastructure for the Eno App, such as Amazon AWS |
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Billing information |
Charge you for the purchase of the Enophone and your Membership Fees |
Payment processors, such as Stripe |
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Shipping Information |
Ship your Enophone to you |
Third-party delivery services, such as Floship |
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Sensor information |
Help you track your brain activity and provide insights on patterns over time |
Companies that provide the infrastructure for the Eno App, such as Amazon AWS |
Some Terms
Before we get started with the details, here are a few terms we think you should know as you read this Policy.
“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; and (3) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. Eno is committed to adhering to all these applicable Data Protection laws.
“Personal data” refers to information that we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.
Other terms and definitions used in this Policy may be found in our Terms of Use and will have the same meaning in this Policy as they do there.
About Us and Contacting Us
Moonshot.la, LLC., the company that owns and operates the Eno brand (“Eno”), is a duly-incorporated company under the laws of California, USA. Where this Policy refers to “Eno”, it may refer to Moonshot.la, LLC and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns, depending on the context.
Under the GDPR, Eno is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; and the word “processing” is used in this Policy in that way.
If you want to ask us anything about what is in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can email:
Eno Privacy Officer
eno@vct.net
Here is the mailing address for you as well:
Eno Privacy Officer
1800 Vine
Los Angeles CA
90028, USA
Your Rights
You have the following rights regarding your personal data held by Eno, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws that apply to you where you are located. These rights may be exercised without affecting the price you pay for any of the Services. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Services.
If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above or refer to certain relevant sections further in this Policy.
Personal Data Collected from You and What We Use It For
In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Eno.
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Personal data category |
Personal data processed |
What we use it for (the “purpose” of processing) |
Legal basis for processing under the GDPR |
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Contact information |
Your name and email address |
To communicate with you |
Your consent in giving us this information |
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Account information |
Your name, email address, username and password |
To create an Eno App account for you, to communicate with you, and to provide you with regular access to the Eno App |
Your consent in giving us this information and the performance of a contract between you and us |
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Information from the Enophone |
Data streamed to the Eno App from the Enophone’s sensors; a unique identifier for the specific Enophone that you purchased |
To track your progress using the Enophone; to provide insights: to give access to customized mental fitness training; to adapt the content the Eno app delivers; to measure your mental effort, readiness and similar scores; and to personalize your experience |
Your explicit consent in giving us this information and the performance of a contract between you and us |
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Information for the Eno Apps |
Your gender, your year of birth and answers to some questions that may comprise your “brain profile” in the Eno App) |
To train the Eno App’s algorithms to provide you with a more enhanced Enophone and Eno App experience |
Your consent in giving us this information |
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Blog post comments |
Any personal data submitted via the posting of comments on Eno’s blog posts or in the Eno Discord channel |
To share with the Eno online community |
Your consent in giving us this information |
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Billing information |
Credit card holder name, number, expiration date, CVV number and billing address |
To ship you your Enophone and communicate with you about shipping |
Your consent in giving us this information and the performance of a contract between you and us |
Where you have provided personal data further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, we will no longer be able to provide certain Services to you.
Personal Data Collected About You from Third Parties and What We Use It For
Sometimes we get personal data about you from third parties. This table explains the details about this personal data – what it is, where it came from, what we do with it, and the legal basis for us having and processing this personal data under the GDPR. Under PIPEDA, the legal basis is your informed consent.
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Personal data category |
Personal data processed |
Who we get the data from |
What we use it for (the “purpose” of processing) |
Legal basis for processing under the GDPR |
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Contact information |
Your name, email address and purchase details, to the extent that this is personal data |
Companies where you may have purchased the Enophone, such as Kickstarter, Shopify and any other commerce platform |
To contact you in order to provide you with access to the Eno App; to send you promotional emails and newsletters about the Services |
Your consent and the performance of a contract |
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Ambient information |
Data provided by your mobile device or through other apps |
Your mobile device or connecting with other apps |
To better contextualize the sensor data coming from the Eno phones with data points such as time of day, heart rate, step count, etc.; to improve the quality of the insights and provide you with actionable information |
The performance of a contract between you and us |
Sensitive Personal Data
The EEG data that we collect through your use of the Enophone sensors is considered sensitive personal data under the GDPR. This sensitive personal data is only collected, used and disclosed as described elsewhere in this Policy.
Who We Transfer Your Personal Data To
We routinely share some of your personal data with certain types of third parties, many of which are identified in the table below, along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area — please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs.
Law enforcement requests
We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of Eno’s Terms of Use or other contract that governs your relationship with us; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Eno Services.
Related parties
We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Eno (in which case we will require such entities to honor this Policy); (2) if Eno merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).
We will never share your personal data with other third parties except under these circumstances. We do not sell your personal data to any third party for direct marketing purposes or any other purpose.
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Personal data category |
Who we transfer it to |
What they do with it |
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Contact information |
Companies that provide email services, specifically Mailchimp and Microsoft, as detailed more fully in the Email Communications section below; companies that provide us with marketing services |
Send you emails |
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Account information (including contact information) |
Companies providing technical infrastructure for the Eno App, specifically Amazon AWS or Digital Ocean |
Control your logging in to the Eno App so that it can be provided to you, and for record-keeping |
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Billing information |
Payment processing companies, specifically Stripe |
Process your payments for your purchase of the Enophone and your payment of Membership Fees |
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Shipping Information |
Third-party delivery services, specifically Floship |
Ship you your Enophone and communicate with you about shipping |
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Analytics identifiers |
Companies that provide data analytics, specifically Google Analytics |
Provide us with analytics as to how the Website and App are used and to trace fraudulent activities |
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Advertising identifiers |
Companies that provide ad networks, like Facebook, Twitter and Google, and as further detailed in the Eno Advertising section below |
Show you ads for Eno and the Enophone when you are on the internet |
Tracking Technology (“Cookies” and Related Technologies)
Eno uses tracking technology (“cookies” and related technology, such as tags, pixels and web beacons) in connection with the Eno App and the Website and by interacting with the Eno App and the Website you agree to their use. Cookies are small text files placed on your Device when you visit a website or use an online service, in order to track use of the site or service and to improve the user experience by storing certain data on your Device.
Specifically, we use cookies and related technologies for the following functions:
Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:
Please note that deleting or blocking certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use our Services. Furthermore, deleting certain cookies may prevent certain functions, or the entirety of the Services, from working at all.
Email Communications and Compliance with Anti-Spam Laws
Eno uses MailChimp and Microsoft Office 365 to manage our mailing list and send out promotional emails, newsletters and to provide you with information on new Enophone or Eno App features (the “Email Service Providers”). Personal data is transferred to the Email Service Providers in order to manage the mailing list and for the emails to be sent out properly. Your contact information is only used to send out emails; the Email Service Providers do not use this personal data for any other purpose, and will not transfer or sell your personal data to any other third party. For more information, please refer to MailChimp’s Security Policy and Microsoft’s Privacy Statement .
You may unsubscribe from Eno’s mailing list at any time, by following the link at the bottom of all Eno emails. Other types of emails, such as transactional, relational, and other emails related to the Services will not have an opt-out option as they are necessary for the use of the Services.
Eno’s practices with respect to its email are designed to be compliant with anti-spam laws where you are located. If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.
Eno Advertising and Opting Out
Eno currently uses the following platforms to display advertisements to you while you are browsing on the internet: Facebook, Twitter, YouTube, Google, Spotify, and LinkedIn. By visiting the Website, you consent to this use. You can always opt out of such advertising. For information on how to do so, please contact our Privacy Officer at the contact information above or visit the website of each platform for assistance.
How the Application Accesses Your Device
The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and / or modified by the Eno App. Unless otherwise specified, these permissions apply to the IOS, Android, MacOS, Windows and Linux versions of the Eno App. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Eno App.
Uninstall of the Enowork App
You may uninstall the Eno App; uninstall methods may vary depending on your Device’s operating system (i.e. IOS, Android, \MacOS, Windows or Linux). Eno has no control over the uninstall function and denies any responsibility for your use thereof, and any data or personal data sent to third parties as a result of such activity.
How We Protect Your Personal Data
We have implemented very strict technical and organizational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures are meant to minimize the risk of personal data being lost; or used or accessed in any unauthorized way.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.
Eno uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Eno uses Amazon AWS and Digital Ocean, recognized as a leaders in secure data, for hosting of the Eno App and the Website and related data, and storage of data including personal data.
Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for internet data transfer and transactions. You can use your browser to check Eno’s valid SSL security certificate.
Transfer of Your Personal Data Outside of the European Economic Area (EEA) and the United Kingdom (U.K.)
For our European or U.K. users, we endeavor to keep your personal data inside the EEA or the U.K. (as applicable). However, certain of our data processors (and Eno) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:
That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the Services.
Supervisory Authorities and Complaints
If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about Eno’s data practices, we invite you to contact the supervisory authority in your country. If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l’Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.
The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.
Data Retention
Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Account Information for as long as you have an account with us.
Automated Decision-Making
Eno does not use any automated decision-making processes in providing the Services.
Children’s Privacy Statement
The Services are not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Services, we will delete such information from our records.
Changes to This Privacy Policy
The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a notice on the Eno App if we make significant changes. If you have an Eno App account, we will also email you to tell you the Policy has been updated, and what the important changes are.
FOR CALIFORNIA RESIDENTS
CCPA NOTICE FOR CALIFORNIA CONSUMERS
This notice supplements the information contained in Eno’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("customers" or "you"), and who access the Services. This notice is pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), and any terms defined in the CCPA have the same meaning when used in this notice.
COLLECTION, USE, AND SHARING OF INFORMATION
Where a customer interacts with Eno's products and/or services, Eno collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). Information about the categories of personal information we collect, the purposes for which your personal information is processed, and any sharing of your personal information can be found from relevant sections of this Privacy Policy above:
In the preceding twelve (12) months, we have not sold personal information to third parties, including data aggregators. We have collected and disclosed only the categories of personal information in this Privacy Policy as described in the Data Sharing and Disclosures section below.
CALIFORNIA CONSUMER RIGHTS
If you are a California resident, you have certain rights under the CCPA:
Right to know about the personal information we collect and share
The CCPA gives you the right to request that we disclose the personal information we have collected about you over the past 12 months, which we do after we receive and validate your request. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Right of correction
You have the right to request correction of your personal information. After we receive and validate your request, we will correct your personal information, unless an exception applies.
Please note that you can correct and update some of your basic information via the Eno App and via the Website
Right of deletion
You have the right to request erasure of your personal information, subject to certain exceptions, such as when we have a legal obligation to retain the data in question. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information unless an exception applies.
How to make disclosure, access, correction, or deletion requests
If you are a California resident, you can request disclosure, access to, correction, and/or deletion of your personal data as described above by submitting a verifiable consumer request to us by:
Sending an e-mail to eno@vct.net, including the following information along with your request: your full name, company name (if applicable), address, e-mail address, and a phone number. We may request that you provide additional information if necessary to confirm your identity. This is for security purposes, and is required by law in some cases.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving your request, unless we request an extension. In the event that we reasonably require an extension in order to respond to your request, we will notify you of any such extension within the initial 45-day period.
Non-Discrimination
Eno does not discriminate against users who request to exercise their privacy rights under the CCPA. Unless an exception applies, this includes our promise not to: