Privacy Policy

1. Introduction

Nyah Digital ("we," "our," or "us") operates the Ember Cycle mobile application (formerly known as "Mindful Mama") (the "App"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our App. This policy applies to all users of the Ember Cycle application.

IMPORTANT: The Ember Cycle app provides educational information and wellness guidance related to maternal health. This app is not intended to provide medical advice, diagnosis, or treatment. Always consult with qualified healthcare professionals for medical decisions.

2. Information We Collect

2.1 Personal Information

• Email address (for account creation and authentication)
• Display name or username
• Profile photo (optional)
• Account preferences and settings
• Apple Sign-In Data: When using Sign in with Apple, we receive a user identifier and (at your discretion) your name and email address as permitted by Apple's authentication service
• Biometric Data: If you enable biometric login (Face ID, Touch ID, or fingerprint authentication), biometric templates are stored securely on your device only and are never transmitted to or stored on our servers

2.2 Health and Wellness Information

Fertility and Reproductive Health Data: The App collects sensitive fertility and reproductive health information that you voluntarily provide, including but not limited to:

• Menstrual Cycle Data: Period start/end dates, cycle length, flow intensity, symptoms, and related notes
• Cycle Tracking: Ovulation predictions, fertile window estimates, basal body temperature (if provided), cervical mucus observations, and ovulation test results
• Pregnancy-Related Information: Due dates, pregnancy weeks, trimester information, fetal development tracking, pregnancy symptoms, birth plans, and prenatal appointment notes
• Postpartum Recovery Data: Birth date, delivery information, postpartum recovery metrics, breastfeeding logs, and recovery milestones
• Health goals and wellness preferences
• Wellness recommendations completion status
• Personal notes and journal entries related to your health journey
• Progress tracking data across all maternal health stages

Important: All fertility predictions, ovulation estimates, and cycle forecasts are algorithmic calculations based on your input data and historical patterns. These are estimates only and should not be relied upon for contraception, medical diagnosis, or treatment decisions. The App is not intended for use as birth control.

2.3 Usage Information

• App usage patterns and feature interactions
• Device information (device type, operating system, app version)
• Log data (access times, pages viewed, app crashes)
• Analytics data for app improvement

2.4 Technical Information

• Device identifiers (advertising ID, device ID)
• IP address and general location information
• Network connection information
• App performance and error data

3. How We Use Your Information

3.1 Primary App Functions

• Provide personalized health and wellness recommendations
• Track your progress through different maternal health stages
• Deliver relevant educational content and resources
• Enable app features like progress tracking and milestone celebrations
• Synchronize your data across devices

3.2 App Improvement and Analytics

• Analyze app usage to improve features and user experience
• Identify and fix technical issues and bugs
• Develop new features based on user needs
• Conduct research to enhance our services

3.3 Communication

• Send important app updates and security notifications
• Provide customer support and respond to inquiries
• Send educational content and wellness tips (with your consent)

4. Information Sharing and Disclosure

We do not sell, trade, or rent your personal information to third parties.We may share your information only in the following limited circumstances:

4.1 Service Providers

We share your information with the following third-party service providers who assist us in operating the App:

• Supabase: Database hosting and backend services. Your data is transmitted via TLS encryption and stored with Supabase-managed encryption at rest. Row-level security (RLS) policies ensure only you can access your personal data.
• Google AdMob: Advertising services that may collect device identifiers, IP addresses, and usage data for personalized advertising. You can opt out of personalized ads through your device settings. AdMob may share data with advertising partners as described in Google's privacy policy.
• Apple Sign-In: Authentication services provided by Apple Inc. when you choose to sign in with Apple
• Expo/React Native Services: Mobile app framework and over-the-air update services for app functionality
• Analytics Providers: App performance, crash reporting, and usage analytics (anonymized data only)

All service providers are contractually obligated to protect your data and use it only for the specified purposes. We do not share your sensitive health data with advertising networks or use it for ad targeting.

4.2 Legal Requirements

We may disclose your information if required by law, court order, or government regulation, or to protect our rights, property, or safety, or that of our users or the public.

4.3 Business Transfers

In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction, subject to the same privacy protections.

4.4 User-Initiated Social Media Sharing

Shareable Milestone Cards: The App allows you to create and share milestone cards (such as pregnancy week milestones) to social media platforms. This feature is entirely voluntary and user-initiated.

• You Control What is Shared: Before sharing, you can customize which information appears on the card, including your name, due date, and custom messages. All sharing options are optional and disabled by default.
• No Automatic Sharing: We never automatically post your information to social media. You must explicitly tap the "Share" button and choose where to share.
• What We Don't Share: Milestone cards do not include sensitive medical information, test results, healthcare provider names, medications, or medical conditions.
• Your Responsibility: When you share content to social media, that content becomes subject to the privacy policies and terms of service of the social media platform (e.g., Instagram, Facebook, WhatsApp). We have no control over how third-party platforms use or display your shared content.
• Data Tracking: We do not track what you share or where you share it. The sharing feature uses your device's native sharing functionality.

Your Privacy Rights: You acknowledge that by voluntarily sharing milestone cards to public social media platforms, you are making that information publicly available. Consider your privacy preferences before sharing personal pregnancy information publicly.

5. Data Security and Protection

5.1 Security Measures

We implement the following security measures to protect your data:

• TLS Encryption in Transit: All data transmitted between your device and our servers is encrypted using Transport Layer Security (TLS) protocols
• Encryption at Rest: Your data is stored using Supabase-managed encryption at rest with industry-standard AES-256 encryption
• Secure Authentication: Email/password authentication with secure password hashing and optional biometric login (stored locally on your device only)
• Row-Level Security (RLS): Database policies ensure that your data is accessible only to your authenticated account
• Access Controls: Strict access controls limit who can access backend systems and data
• Regular Security Updates: We regularly update our systems and dependencies to address security vulnerabilities

Note on Encryption: While we use robust security measures, your data is not end-to-end encrypted. This means Nyah Digital and our service providers (Supabase) have the technical ability to access your data if necessary for service operation, legal compliance, or security purposes. Your data is encrypted during transmission (TLS) and at rest (Supabase-managed encryption), but we control the encryption keys.

5.2 HIPAA Considerations

Important: Nyah Digital and the Ember Cycle app (formerly Mindful Mama) are not "covered entities" or "business associates" as defined under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA applies to healthcare providers, health plans, and healthcare clearinghouses that handle protected health information in the course of providing medical services.

However, we implement security measures consistent with HIPAA standards as a best practice for protecting your health information. This app is designed for personal wellness tracking and educational purposes only and is not intended as a medical device, diagnostic tool, or substitute for professional medical care.

We strongly encourage users to share relevant health information from this app with their qualified healthcare providers, who ARE covered by HIPAA and can provide appropriate medical guidance based on your data.

5.3 Data Breach Response

We will notify affected users without undue delay and in accordance with applicable law if we discover a security incident that compromises your personal information. Upon discovery of any breach, we will take immediate steps to secure the data, investigate the incident, and prevent further unauthorized access.

6. Your Rights and Choices

6.1 Access and Control

• Access: View and download your personal data through the app
• Correction: Update or correct your information at any time
• Deletion: Request deletion of your account and associated data
• Portability: Export your data in a machine-readable format

6.2 Communication Preferences

• Opt out of promotional communications while maintaining essential service notifications
• Control push notification settings through your device or app settings
• Manage email preferences through your account settings

6.3 Data Retention

We retain your information for as long as your account is active or as needed to provide services. You may request deletion of your account at any time, after which we will delete your personal data within 30 days, except where retention is required by law.

7. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence, including the United States where Nyah Digital is located. We ensure that such transfers comply with applicable data protection laws and that your data receives adequate protection through appropriate safeguards.

8. Age Requirements and Privacy

Our App is intended for users who are at least 18 years of age. We do not knowingly collect personal information from individuals under 18. If we become aware that we have collected personal information from someone under 18, we will take steps to delete such information promptly.

By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Privacy Policy.

9. Third-Party Services and Links

Our App may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing any personal information.

10. California Privacy Rights (CCPA)

California residents have additional rights under the California Consumer Privacy Act (CCPA):

• Right to know what personal information is collected and how it's used
• Right to delete personal information
• Right to opt-out of the sale of personal information (we do not sell personal information)
• Right to non-discrimination for exercising CCPA rights

11. European Privacy Rights (GDPR)

If you are located in the European Economic Area (EEA), you have additional rights under the General Data Protection Regulation (GDPR):

• Right of access to your personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy in the App and updating the "Effective Date" at the top of this policy. Your continued use of the App after such changes constitutes acceptance of the updated policy.

13. Governing Law

This Privacy Policy and any disputes arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to conflict of law principles. Any legal action or proceeding arising under this Privacy Policy will be brought exclusively in the federal or state courts located in Salt Lake County, Utah.

14. Contact Information

15. Medical Disclaimer and Limitations of Liability

15.1 Birth Control and Contraception Disclaimer

15.2 Algorithmic Predictions Disclaimer

All fertility predictions, ovulation estimates, cycle forecasts, and period predictions provided by the app are algorithmic calculations based on your historical data and statistical averages. These are estimates only and may not accurately reflect your individual physiology. Actual ovulation, fertile windows, and cycle lengths can vary significantly due to stress, illness, hormonal changes, medications, and other factors. Do not rely on these predictions for medical decisions or contraception.

15.3 Birth Plan Disclaimer

The birth plan feature is a planning and organizational tool only. Birth plans created in the app are suggestions and preferences, not medical instructions. Actual birth experiences may differ significantly from your plan due to medical necessity, complications, or other factors. Always follow the guidance of your healthcare providers during labor and delivery, even if it differs from your birth plan. Nyah Digital is not responsible for birth outcomes, complications, or any deviation from your birth plan.

15.4 Pregnancy and Birth Complications

15.5 No Professional Relationship

Use of this app does not create a doctor-patient, therapist-patient, or any other professional healthcare relationship between you and Nyah Digital. The app is not a substitute for in-person medical consultations, examinations, or treatment.