how we look after your data. the privacy policy.

Please read this carefully. By using Mesmer you confirm you have read and understood this Privacy Policy.

The important bits.

  • We never sell your personal information.
  • We don't show adverts inside the app.
  • Your mood and journal entries are private, encrypted, and never used to target adverts.
  • You're in control: you can delete your entries or your whole account whenever you want.
  • We collect as little about you as we can to run the app.
  • We do advertise Mesmer on other platforms like TikTok, and you can opt out (see Advertising below).

A separate Health Data Privacy Notice for residents of certain US states (Washington, Nevada, Connecticut and others) is set out at the end of this Policy.

Mesmer Wellbeing Ltd ("Mesmer", "we", "us", or "our") is the data controller in respect of your personal information. This Privacy Policy sets out how we collect, use, store, and protect personal information when you use the Mesmer app (the "App") and the services available through it (the "Service").

1. Who we are

Mesmer Wellbeing Ltd is a limited company registered in England and Wales under company number 17050325.

To contact us about your privacy or this Policy, email hello@mymesmer.com.

2. When we collect information about you

We collect personal information from you when you:

  • download, install, or use the App;
  • create an account with Mesmer;
  • purchase a subscription or any other product or service from us;
  • use any features of the App, including completing exercises, tracking your mood, writing journal entries, or interacting with AI Insights;
  • contact us with a question, complaint, or feedback;
  • participate in any survey, research, or feedback programme we run;
  • communicate with us via social media or third-party apps.

3. What information we collect

We may collect and process the following information:

Information you give us:
  • contact details (such as your name and email address);
  • your date of birth (used to confirm you meet the minimum age requirement);
  • your account credentials (such as your password and any other authentication information);
  • subscription and payment details (handled by the Apple App Store or Google Play Store; we do not store full payment card details);
  • information about how you feel and your wellbeing, including your mood entries, journal entries, exercise progress, and the questions and answers exchanged with AI Insights;
  • any communications you send us (such as support requests, feedback, or survey responses);
  • any other information you choose to share with us.
Information collected automatically when you use the App:
  • device information, including device type, operating system, unique device identifiers, and IP address;
  • usage information, including which features you use, how long you spend in the App, the time and frequency of your sessions, and the content you interact with;
  • crash reports and error logs to help us diagnose and fix problems;
  • approximate location derived from your IP address (we do not collect precise GPS location).

4. Children's privacy

Mesmer is intended for users aged 13 and over. We do not knowingly collect personal information from anyone under the age of 13.

We require all users to confirm their age during onboarding. If we discover that we have collected information from a person under the age of 13, we will delete that information promptly. If you are a parent or guardian and you believe your child under 13 has provided us with personal information, please contact us at hello@mymesmer.com so we can take appropriate action.

We comply with the United States Children's Online Privacy Protection Act (COPPA) and other applicable child privacy laws in the regions where we operate.

For users aged 13 to 17, we apply additional privacy protections by default. We do not show advertising inside the App, and we do not sell your personal information. We may use limited technical data, such as an advertising identifier, for advertising, measurement, and retargeting where permitted by applicable law and platform rules, and after obtaining any consent required. We never use your mood, journal, exercise, or other health data for advertising. See the Advertising section for more detail.

5. Cookies and similar technologies

When you use the App, we and our service providers may use cookies, software development kits (SDKs), and similar technologies to collect information about your device and how you use the App. This helps us provide, maintain, and improve the Service.

We use the following categories of technologies:

  • Strictly necessary technologies: required for the App to function (such as keeping you logged in).
  • Analytics: help us understand how users interact with the App so we can improve it. We do not use analytics to create profiles for advertising.
  • Crash reporting: helps us identify and fix problems with the App.

We do not show adverts inside the App. We do use cookies and similar technologies to measure our own advertising and to show Mesmer adverts to people who have visited us, on platforms such as TikTok, Meta and Google. See the Advertising section for detail and how to opt out.

Advertising

We advertise Mesmer on other platforms, including TikTok, Meta (Facebook and Instagram), and Google. To do this, these platforms may use limited technical data, such as an advertising identifier, so we can measure advertising and show Mesmer adverts to people who have previously visited our website or used the App. This is called retargeting.

We do not sell your personal information to these platforms, and we never share your mood, journal, exercise, or other health data with them. The information involved may include limited technical data such as an advertising identifier, device information, and campaign interaction data.

On Apple devices, where this activity requires permission under Apple's rules, you will be asked whether you allow tracking. If you say no, we will not use your advertising identifier for cross-app tracking. You can also reset or limit your advertising identifier in your device settings and manage personalised-ad settings directly with TikTok, Meta, and Google.

For users under 18, we only use limited technical data for advertising and retargeting where permitted by applicable law and platform rules, and after obtaining any consent required. We never use mood, journal, exercise, or other health data for advertising.

6. Why we process your information

We use your personal information for the following purposes:

  • to provide and operate the App and the Service;
  • to create and manage your account;
  • to process your subscription and payments;
  • to deliver personalised features such as AI Insights, mood patterns, and recommendations within the App;
  • to communicate with you about the App, including service announcements, security alerts, and customer support responses;
  • to send you marketing communications about Mesmer (only if you have opted in, and you can unsubscribe at any time);
  • to monitor and improve the App, including troubleshooting, testing, statistical analysis, and research;
  • to keep the App and our systems secure and to detect, prevent, and respond to fraud, abuse, or security risks;
  • to comply with legal obligations, including responding to lawful requests from regulators or law enforcement.

7. Legal basis for processing

Under UK and EU data protection law, we must have a valid legal basis for processing your personal information. We rely on the following legal bases:

Performance of a contract

We process your personal information to provide the App and the Service to you under our agreement with you (set out in our Terms and Conditions).

Legitimate interests

We process certain information to operate our business, improve the App, keep it secure, and understand our users. We do this in a way that respects your rights and is proportionate to our purposes.

Consent

Where we rely on your consent, you can withdraw it at any time. For example, if you have consented to receive marketing emails, you can unsubscribe at any time. If you have enabled AI Insights, you can disable it at any time in Settings.

Compliance with law

We may process your personal information where we are required to do so to comply with a legal or regulatory obligation.

Special category data

Information about your mood, mental wellbeing, journal entries, and similar information is "special category data" under UK and EU data protection law. We process this information only with your explicit consent, which we ask you to give through a clear affirmative choice before you use the relevant features of the App. You can withdraw consent at any time by contacting us, deleting the relevant entries, or deleting your account.

8. Who we share your information with

We do not sell your personal information, and we never share your mood, journal, exercise, or other health data for advertising. We share limited technical data, such as an advertising identifier, device information, or campaign interaction data, with advertising platforms for advertising measurement and retargeting. We do not share your data with data brokers.

We share your personal information only in the following limited circumstances:

Service providers we rely on to operate the App:

We use a small number of trusted third-party service providers who help us run Mesmer. These providers process your information only on our instructions and are contractually required to protect it. They include:

  • Google Firebase (for app hosting, authentication, analytics, and crash reporting);
  • Apple App Store and Google Play Store (for handling payments and subscriptions);
  • Apple and Google handle all subscription management directly; we do not use a separate subscription-management provider;
  • OpenAI (used to power AI Insights, when you have enabled this feature; see Section 9 below for more detail);
  • TikTok, Meta, and Google (for advertising measurement and retargeting using limited technical data only; never mood, journal, exercise, or other health data);
Where we are required to share by law:

We may disclose your personal information if we are required to do so by law, court order, or other legal process, or if we believe disclosure is necessary to protect our rights, property, or the safety of you, us, or others.

In a corporate transaction:

If we sell, merge, or transfer all or part of our business, we may transfer your personal information to the new owner. We will let you know if this happens.

9. AI Insights and how we use artificial intelligence

AI Insights is a Premium feature that uses artificial intelligence to analyse data you have entered in the App and provide personalised insights to you.

When you use AI Insights:

  • We send the relevant data you have entered (such as recent mood entries and journal entries) to a third-party AI service provider, OpenAI.
  • OpenAI processes your data solely to generate the insight requested. Under the API terms we use, OpenAI does not use your data to train its models. Your data may be retained by OpenAI for a limited period for security and abuse-monitoring purposes and is then deleted.
  • AI Insights are personal to you. We do not share AI Insights with anyone else.
  • You can disable AI Insights at any time in Settings. When disabled, no further data is sent to AI providers.

AI Insights are generated automatically and may not always be accurate. They are intended as suggestions only and are not a substitute for professional advice.

10. Where we store your information

Your personal information is stored on secure servers operated by our service providers. These servers may be located in the United Kingdom, the European Economic Area, or the United States.

Whenever we transfer personal information outside the UK or the EEA, we put in place appropriate safeguards to protect your information, including the use of Standard Contractual Clauses approved by the relevant data protection authorities, or transfers to countries that have been recognised as providing an adequate level of protection.

If you would like more information about the safeguards we have in place for international transfers, please contact us at hello@mymesmer.com.

11. How long we keep your information

We keep your personal information only for as long as is necessary for the purposes for which we collected it, unless a longer period is required or permitted by law.

In particular:

  • Your account information and the content you create in the App (mood entries, journal entries, exercise progress) are kept for as long as your account is active.
  • If you delete your account, we will delete or anonymise your personal information within 30 days, except where we are required by law to keep it for longer (for example, for tax or accounting purposes).
  • Limited information may be retained where we have a legal obligation, are exercising or defending legal claims, or where we have an overriding legitimate interest in retaining it.

12. Security

We take the security of your personal information seriously and use appropriate technical and organisational measures to protect it. This includes encryption of data in transit and at rest, access controls, secure storage, and regular review of our security practices.

You are responsible for keeping your account credentials confidential. If you suspect that anyone other than you has access to your account, please contact us immediately at hello@mymesmer.com.

Unfortunately, no method of transmitting information over the internet is completely secure. While we do our best to protect your personal information, we cannot guarantee its absolute security.

13. Your rights

Under UK and EU data protection law, you have the following rights in relation to your personal information:

  • the right to be informed about how we use your personal information (this Policy is part of how we provide that information);
  • the right to access a copy of your personal information;
  • the right to ask us to correct inaccurate personal information;
  • the right to ask us to delete your personal information (sometimes called the "right to be forgotten");
  • the right to object to certain processing, including processing for direct marketing;
  • the right to ask us to restrict our processing of your personal information;
  • the right to receive a copy of your personal information in a structured, machine-readable format and to ask us to transfer it to another organisation;
  • the right to withdraw any consent you have given us at any time.

To exercise any of these rights, please contact us at hello@mymesmer.com. We will respond within 30 days.

You also have the right to complain to a data protection authority. In the UK, this is the Information Commissioner's Office (ICO), at ico.org.uk. We would, however, appreciate the chance to deal with your concerns first, so please consider contacting us in the first instance.

14. California privacy rights

If you are a California resident, the California Consumer Privacy Act (CCPA) and related laws give you specific privacy rights. These include the right to:

  • know what personal information we collect about you and how we use it;
  • request deletion of your personal information;
  • opt out of the sale or sharing of your personal information (we do not sell your personal information; we share limited technical identifiers with advertising platforms to show you Mesmer's own adverts, which you can opt out of);
  • not be discriminated against for exercising your privacy rights.

To exercise these rights, contact us at hello@mymesmer.com.

15. Marketing

We will only send you marketing communications (such as product updates and special offers) if you have opted in. You can unsubscribe from marketing communications at any time by clicking the unsubscribe link in any marketing email we send you, or by contacting us at hello@mymesmer.com.

16. Changes to this Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, the law, or for other operational, legal, or regulatory reasons. The updated Policy will be displayed in the App and on our website, with the "Last updated" date at the top. We will notify you of material changes through the App or by email.

17. Contact us

If you have any questions about this Privacy Policy, or about how we handle your personal information, please contact us at:

hello@mymesmer.com
Mesmer Wellbeing Ltd
Company number: 17050325
US states

Health Data Privacy Notice.

Supplemental notice for residents of Washington, Nevada, and other US states with consumer health data laws

This Health Data Privacy Notice supplements the Mesmer Wellbeing Ltd Privacy Policy above and provides additional information about how we collect, use, and disclose health data, as required by laws including Washington's My Health My Data Act, Nevada's Consumer Health Data Privacy Law, and Connecticut's expanded data privacy law.

Health data we collect

We collect the following categories of health data:

  • information about your moods and emotional states (logged through the mood tracker);
  • your journal entries, where these reflect on your mental, emotional, or physical wellbeing;
  • your responses and progress within the exercises offered by the App;
  • information you provide to AI Insights when seeking insights about your wellbeing.
Sources of health data

We collect health data directly from you when you use the App. We do not purchase or obtain health data from third parties.

How we use health data

We use health data only to:

  • provide the Service to you, including the personalisation features such as AI Insights;
  • improve the Service through aggregated and anonymised analysis;
  • protect the Service and detect or prevent security incidents, fraud, or other harmful activity;
  • comply with our legal and regulatory obligations.
How we disclose health data

We may disclose health data to:

  • our service providers (described in Section 8 of the main Privacy Policy), who process the data only on our instructions;
  • legal authorities, where required by law or where we believe disclosure is necessary to protect rights, property, or safety;
  • parties to a corporate transaction (sale, merger, or asset transfer), in which case the new entity will be bound by the same protections;
  • any other party with your express consent.

We do not sell health data. We do not share health data with advertisers or data brokers.

Your rights regarding health data

You have the right to:

  • access the health data we hold about you;
  • request that we delete your health data;
  • withdraw consent to our processing of your health data.

To exercise these rights, contact us at hello@mymesmer.com. If we deny your request, you may appeal by emailing the same address. If your appeal is unsuccessful, you may raise a concern with your state attorney general.