Privacy Policy

1. What Information Do We Collect?

Personal Information You Disclose to Us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• Names
• Email addresses
• Job titles
• Usernames
• Contact preferences
• Authentication data (one-time sign-in codes and session tokens — Mistvine does not use password authentication)

Sensitive Information

When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

• Performance evaluations
• Manager and peer feedback/opinions about employees
• Engagement scores
• Employment data
• Compensation levels/job leveling data
• Career development and promotion tracking
• Disciplinary or improvement plans

Payment Data

We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice at: https://stripe.com/privacy

Information Automatically Collected

In Short: Some information -- such as your Internet Protocol (IP) address and/or browser and device characteristics -- is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services.
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. How Do We Process Your Information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• To determine the effectiveness of our marketing and promotional campaigns.
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual's vital interest, such as to prevent harm.

3. What Legal Bases Do We Rely On To Process Your Information?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

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 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.
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations.
• 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.

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

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

4. When And With Whom Do We Share Your Personal Information?

In Short: We do not sell your data. We only share your information with service providers who help us operate (see Section 4.5) or if our company is acquired.

We may need to share your personal information in the following situation:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4.5 Third-Party Service Providers (Subprocessors)

We use a small set of trusted third-party service providers to deliver Mistvine. Each is contractually bound through a Data Processing Agreement (DPA) to handle your data securely, comply with GDPR / CCPA, and not use your data for their own purposes.

The authoritative list lives at /legal/subprocessors — that page is the canonical source we maintain, with each subprocessor's purpose, data category, location, privacy policy URL, DPA URL, and certifications.

Categories of Subprocessors

• Infrastructure & hosting — Supabase (database, auth), Cloudflare (edge / CDN / Worker compute)
• Analytics — PostHog (privacy-by-default product analytics; see §4.6 for our hardened configuration)
• Communications — Resend (transactional email)
• Payment processing — Stripe (subscription billing; we never store full card details)
• Artificial intelligence — Anthropic Claude (AI insights only; data NOT used to train Anthropic models per their Commercial Terms; API requests deleted after 30 days)

International Data Transfers

Most of our subprocessors are US-based. To protect your data when transferred internationally, we use:

• Standard Contractual Clauses (SCCs): EU Commission–approved clauses (Decision 2021/914) with all US-based processors
• Data Processing Agreements: All subprocessors sign DPAs with security obligations
• Data minimization: Only necessary data is transferred

EU/UK customers can request copies of our SCCs by emailing support@mistvine.com.

Subprocessor Changes

Notification commitment: we will notify customers at least 30 days before adding any new subprocessor or making material changes to an existing one. Customers may object on reasonable data protection grounds within the notification period by emailing support@mistvine.com.

4.6 Cookies and Tracking Technologies

What Are Cookies?

Cookies are small text files stored on your device when you visit our website. They help us provide core functionality and improve your experience.

Essential Cookies (No Consent Required)

These cookies are strictly necessary for the Services to function and cannot be disabled:

Analytics (Anonymous Distinct ID)

We use PostHog to understand how visitors use our website and product. PostHog stores an anonymous, randomly-generated identifier in localStorage and a cookie. This identifier is not linked to your name, email, or other personal information until you create an account. It allows us to stitch together your visit to our marketing site with your subsequent product usage so we can measure which content and signup flows work — without that, anonymous marketing traffic and signed-in product traffic are unrelatable, which makes us blind to whether we're actually helping people.

Managing Analytics Preferences

You can control analytics by:

• Browser-level Do Not Track — enabling DNT in your browser opts you out of PostHog automatically. We honor this signal globally, even on marketing pages.
• Account Settings — visiting Profile > Privacy > Analytics & Tracking once you have an account.
• Email request — emailing support@mistvine.com with "delete my analytics" to have your PostHog person profile deleted.

PostHog Privacy-by-default Configuration

We minimize data collection regardless of consent state:

• No autocapture. We emit explicit, named events from our application code only — we do not capture every click, form interaction, or DOM event.
• All input fields masked in session recordings. Email, phone, OTP, and free-text inputs are never recorded.
• PII scrubbing on every event. A server-side hook drops events from sensitive routes and redacts email-shaped strings and known secret-named fields (token, otp, api_key, etc.) from any property values before they leave your browser.
• Browser DNT honored. Do Not Track opts you out automatically.
• Identified-only persons. PostHog only creates a person profile after you sign up and we explicitly identify you. Anonymous marketing-page traffic is not retroactively merged into a person row.
• No email in identify. We pass only an opaque user ID — your email never reaches PostHog.

Updates to This Cookie Policy

We'll notify you of any material changes to our cookie usage through:

• Email notification to registered users
• Notice in this Privacy Notice with updated "Last Modified" date

5. Do We Offer Artificial Intelligence-Based Products?

In Short: We offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies.

As part of our Services, we offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). These tools are designed to enhance your experience and provide you with innovative solutions.

Use of AI Technologies

We provide the AI Products through third-party service providers ("AI Service Providers"), including Anthropic. Your input, output, and personal information will be shared with and processed by these AI Service Providers to enable your use of our AI Products.

Our AI Products

Our AI Products are designed for the following functions:

• AI insights
• Machine learning models
• Natural language processing
• Text analysis
• AI bots

How We Process Your Data Using AI

All personal information processed using our AI Products is handled in line with our Privacy Notice and our agreement with third parties. This ensures high security and safeguards your personal information throughout the process.

5.1 Automated Decision-Making and Profiling

Mistvine uses AI to generate insights and recommendations to support human decision-making. We do NOT make fully automated decisions that produce legal or similarly significant effects on individuals without human review.

AI-Assisted Features (Human Oversight Required):

• Performance insight summaries -- Generated for context, reviewed by managers before any action
• Engagement indicators -- Advisory only, not determinative of employment decisions
• Feedback sentiment analysis -- Contextual information for humans, not automated scoring

Your Rights Regarding AI Processing:

• Request human review of any AI-generated insight affecting your employment
• Understand the logic involved in AI-generated recommendations
• Contest decisions that may have been influenced by AI analysis

To exercise these rights, contact your organization's HR team or email us at support@mistvine.com.

6. How Long Do We Keep Your Information?

In Short: We keep your information for specific periods based on the type of data and legal requirements. See the retention schedule below.

Data Retention Schedule

We retain different categories of personal information for specific periods:

These retention periods may be extended if required by law, ongoing legal proceedings, or active legal holds. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information.

7. How Do We Keep Your Information Safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

8. Do We Collect Information From Minors?

In Short: We do not knowingly collect data from or market to children under 18 years of age or the equivalent age as specified by law in your jurisdiction.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services.

9. What Are Your Privacy Rights?

In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making.

Withdrawing your consent

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us using the contact details provided in this notice.

Opting out of marketing and promotional communications

You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided below.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

10. Controls For Do-Not-Track Features

We do not track you across the web. Mistvine does not track your browsing activity on other websites or services. Our analytics (PostHog) only measure how you use Mistvine itself, and this data is not shared with third-party advertisers or data brokers.

Because we do not engage in cross-site tracking, browser Do-Not-Track (DNT) signals are not applicable to our Services. If you wish to opt out of analytics within Mistvine, you can: (a) enable DNT in your browser (we honor it globally), (b) toggle analytics off at Profile > Privacy > Analytics & Tracking once you have an account, or (c) email support@mistvine.com with "delete my analytics".

11. Do United States Residents Have Specific Privacy Rights?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know 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 the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• 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

How to Exercise Your Rights

To exercise these rights, you can contact us by emailing us at support@mistvine.com, or by referring to the contact details at the bottom of this document.

11.5 Data Processing Agreement (EU/UK/Swiss Customers)

In Short: If you are located in the EU, EEA, UK, or Switzerland, we offer a Data Processing Agreement that governs how we process your data.

For customers located in the European Union, European Economic Area, United Kingdom, or Switzerland, we provide a Data Processing Agreement (DPA) that sets out the terms under which we process personal data on your behalf as a processor under GDPR Article 28.

What the DPA covers:

• Processing details: Subject matter, nature, purpose, and duration of processing
• Processor obligations: Security measures, confidentiality, subprocessor management
• Your rights as controller: Audit rights, instructions, data deletion
• International transfers: Standard Contractual Clauses (SCCs) for data transfers
• Data breach notification: 48-hour notification commitment

How to access the DPA:

• New customers: You will be asked to review and accept the DPA during workspace creation if you select a country in the EU/EEA/UK/Switzerland.
• Existing customers: Contact support@mistvine.com to request execution of the DPA.
• Review the full document: View our Data Processing Agreement

12. Do We Make Updates To This Notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

13. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may email us at support@mistvine.com or contact us by post at:

14. How Can You Review, Update, Or Delete The Data We Collect From You?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information.

Self-Service Data Export (GDPR Art. 15 / 20)

You can download a JSON file containing every personal-data record we hold for you at any time from your Profile > Privacy > Download My Data. The export includes your profile, memberships, OKRs, feedback you authored or received, performance assessments, 1:1 topics, audit log entries where you were the actor, and your visit ledger. The download is generated on-demand and never cached.

Three intentional exclusions, documented in the export file:

• Anonymous submissions (weekly sentiment, team-health assessments) are stored without your identity by design — they cannot be retrieved per-user. Your participation in those flows is not individually attributable in our database.
• Peer feedback received about you has the reviewer's identity redacted to preserve their anonymity, as permitted under GDPR Article 15(4) — rights and freedoms of others. The metadata is included; only the third-party reviewer's identifier is removed.
• Manager-side HR data (your manager's weekly performance assessments and any retention-risk scoring about you) is not included in self-service exports. These are subjective management evaluations that are not surfaced to the subject anywhere in the product UI; including them in an automated export would surprise users and risks creating fairness issues for ongoing review processes. To request access to this data under GDPR Art. 15, email support@mistvine.com — we fulfill these within 30 days following human review.

Self-service exports are limited to 5 per hour to protect database performance. If you need additional exports, the manager-side HR data, or have questions about format, contact support@mistvine.com.

Self-Service Account Deletion

You can delete your Mistvine account at any time through your Profile Settings > Security > Delete Account. This provides immediate, self-service account deletion without requiring manual support intervention.

Before you can delete your account:

• Organization Ownership: You must transfer ownership of any organizations you own to another member, or delete those organizations first.
• Legal Hold Exception: If your account is under an active legal hold (litigation hold) due to pending legal proceedings, data must be preserved and cannot be deleted until the hold is released. This is in accordance with GDPR Article 17(3) (e), which allows data retention when necessary for the establishment, exercise, or defense of legal claims.

What happens when you delete your account:

• Your profile information (name, email, avatar) will be permanently removed and anonymized
• You will lose access to all organizations you are a member of
• Your personal settings and preferences will be deleted
• Feedback you have given will remain but will be anonymized (no longer attributed to your name)
• Team objectives and comments you contributed to will be preserved for organizational continuity, but your personal attribution will be removed
• Activity logs will be retained for compliance and security purposes, in accordance with our data retention obligations

Workspace Deletion (For Organization Owners)

Organization owners can delete entire workspaces through Settings > Workspace Settings > Danger Zone > Delete Workspace. This action permanently removes the organization and all associated data.

Deletion Requirements:

• Owner Permission: Only organization owners can delete workspaces. Multiple owners must coordinate deletion decisions.
• Legal Hold Blocker: Workspaces cannot be deleted if any user within the organization is under an active legal hold. Data must be preserved for legal proceedings per GDPR Article 17(3)(e).

Subscription Handling:

• If you have an active subscription, it will be automatically cancelled immediately when you delete the workspace
• No refunds are issued for the current billing period
• All future charges will be stopped
• You will receive two confirmation emails: one confirming subscription cancellation, and one confirming workspace deletion

What gets permanently deleted:

• All waves (performance cycles) and team objectives
• All feedback and sentiment data
• All team assignments and member data
• All organization settings and preferences
• Access for all workspace members (they will be removed)

Deletion Process: To prevent accidental deletion, you must:

• Acknowledge that your subscription will be cancelled (if applicable)
• Acknowledge that no refund will be issued (if applicable)
• Acknowledge that all data will be permanently deleted
• Type the workspace name exactly to confirm

After Deletion: The workspace is immediately marked as deleted, all members lose access, and the organization owner is signed out. Data is permanently removed from our systems within 30 days and from encrypted backups within 90 days.

Alternative Options: If you need assistance with reviewing, updating, or have questions about deleting your personal information, please email us at support@mistvine.com. For questions about legal holds, email support@mistvine.com.