Privacy Policy

Last updated: October 10, 2020

This Privacy Policy details how Mindset Labs, Inc. (“Mindset Labs,” “Mindset,” the “Company,” the “Website,” “We,” “Us”) collects, uses, and shares information about you and the choices you have regarding this information. This Privacy Policy applies to the information we collect when you access or use our products, services, and technology platforms (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE AND CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET OUT IN THIS PRIVACY STATEMENT.

Please note that this Privacy Policy does not apply to your use of third-party sites, services, or applications you may access through our Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.

1. INFORMATION WE COLLECT

We collect information you provide directly to us when registering for our Services such as:

• The information that's required when you register and complete onboarding such as your name, email address, birthday, gender and other Personal Information you submit through our onboarding form.
• Information posted to a group chat or moderated session.
• Banking information for billing purposes; such as account # and routing information for invoicing purposes.

We collect Personal Information and health information that you voluntarily provide to us and our coaches and clinicians during Service delivery, including information about your personal goals and emotional fitness.

We collect usage information about our Website and Services and use visitor logs to compile anonymous aggregate statistics, (e.g., information such as your web requests, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the paths you took on our Site, and IP Addresses).

When you use the Services to respond to our surveys, we may collect the information you voluntarily provide in your responses for coaching feedback and session improvement.

2. USE OF INFORMATION WE COLLECT

We will use and store Personal Information for the purpose of delivering the Service to you and, where applicable, to Enterprise Customers, and to analyze and enhance the operation of the coaching Service.

We also use and store Personal Information and, where applicable, information obtained from Enterprise Customers, for proprietary analysis and development of personalized emotional fitness profiles for you and/or, where applicable, Enterprise Customers. To allow for additional research, product development, and insights over time, Mindset Labs, Inc. may anonymize or de-identify your Personal Information and emotional fitness information in a manner that meets the Health Insurance Portability and Accountability Act of 1996 (HIPAA) de-identification standard, such that such data is no longer reasonably identifiable.

3. THIRD PARTY PROVIDERS

We will not disclose your Personal Information to any third party except as follows: In the case of a provider on whose behalf the information was collected for the purpose of providing services to you. In the case of employing third party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform, or to provide audit, legal enforcement, operational or other services for us. These tasks include, but are not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics, or emergency services (to protect you, the coach or others from harm). Any personal information received by these providers is used only to perform services for us. We require these third parties not use your personal information for their own business purposes. All 3rd parties have been carefully selected for their highest standards of security as well as their compliance with HIPAA. Please note that we will not sell or rent your personal information to any other company or organization.

4. THIRD PARTY EMAILS AND OTHER COMMUNICATIONS

We may use your personal information to contact you regarding an inquiry or to provide you with more information about Mindset Labs, Inc. or other marketing information we believe you may be interested in. We will send you email alerts or notification messages unless you unsubscribe. If you wish to opt out of these emails, you may do so by following the "unsubscribe" instructions in the email; provided however, Mindset Labs, Inc. may maintain the right to send you important emails about your account or the Services. We recognize that email and text messaging may not be a completely secure means of communication. Your use of the Service means that you agree and consent to the use of email and/or text messaging as an acceptable form of communication.

5. HOW WE PROTECT PERSONAL INFORMATION

We restrict access to information about you on a “need-to-know” basis, and have implemented technical and organizational security measures to protect your Personal Information. We comply with federal regulations to ensure the security and confidentiality of customer records and information, to guard against any anticipated threats or hazards to the security or integrity of such records, and to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to our customers or our employees. While we endeavor to always protect our systems, sites, and information against unauthorized access, use, modification and disclosure, we cannot guarantee against breaches in security. You are responsible for maintaining the security of your login ID and password. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of the Terms of Service.

6. CHILDREN'S PRIVACY

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user. The Platform is not directed and not intended to be used by children under the age of 13. If you're aware that we have collected Personal Information from a child under age 13 please let us know by contacting us and we will delete that information.

7. USE OF COOKIES / WEB BEACONS

We may use cookies, both session and persistent cookies, or web beacons on certain webpages and/or html email correspondence to anonymously track visitors, save website preferences or allow us to recognize visits from the same computer and browser. You have the option to disable cookies in your browser and still use our services, although it may limit your access to the services.

8. RETENTION OF YOUR DATA

We store your Account Data and Personal Information for as long as we need it to provide you our services, to serve the purpose(s) for which your personal information was processed, or as necessary to comply with our contractual and legal obligations, resolve disputes, or enforce our agreements to the extent permitted by law. If you would like your Account Data or other Personal Information permanently removed from our database, please contact us at team@tbh.us. We will then terminate your account, you will no longer be able to use our services, and you will no longer receive emails from Mindset Labs, Inc.. Subject to applicable law and necessary record retention requirements, your identifying Personal Information shall be deleted from our records. Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or authorized by law.

9. CHANGES

We may modify or amend this Privacy Statement from time to time. If we make any material changes in the way in which Personal Information is collected, used or transferred, this Privacy Statement will be revised to reflect such changes. We will post the updated Privacy Statement and ask for your consent if legally required. The effective date appears at the top of this Privacy Statement.

10. YOUR CALIFORNIA PRIVACY RIGHTS

A business subject to California Civil Code section 1798.83, the California Consumer Privacy Act (“CCPA”) is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties' direct marketing purposes. Please note that under the CCPA, businesses are only required to respond to a customer request once during any calendar year. In addition, a business subject to CCPA must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. If you are a California resident and would like to make such a request, e-mail us or contact us at: team@tbh.us

11.VISITORS FROM OUTSIDE THE UNITED STATES

Mindset Labs, Inc. and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Service, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.

12. ACCESSING AND UPDATING YOUR INFORMATION

You may update, correct or delete information about you at any time. To exercise these rights please contact us by sending an email to team@tbh.us. Please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.