Privacy Policy

Last updated: September 8, 2023

At Mindset Labs, Inc. (“tbh”) your privacy is important to us. Our Privacy Policy describes the information we collect, how we collect the information, the reasons we collect information, and how we share or use the information we collect. This Privacy Policy also describes the choices you have with the information we collect, including how you can manage, update, or request to delete information.

Please take a moment to review this Privacy Policy. You may scroll through this Privacy Policy or use the headings below. It is important that you understand this Privacy Policy. By using our Platform, you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, you may Contact Us at any time.

Table of Contents

1. I.
   Who is tbh?
2. II.
   Key Terms & Definitions and Our Privacy Policy
1. When does our Privacy Policy apply?
2. When does our Privacy Policy not apply?
3. Our Privacy Policy and Terms of Use
3. III.
   Personal Information
1. What is Personal Information?
2. What types of Personal Information do we collect?
3. How do we collect your Personal Information?
4. How do we use your Personal Information?
5. How do we share your Personal Information?
6. Your choices about how we share your Personal Information
7. How do I access and correct my Personal Information?
4. IV.
   Who may use the Services?
5. V.
   Children's Privacy
6. VI.
   Does tbh respond to Do Not Track signals?
7. VII.
   Data Security
8. VIII.
   California's Shine the Light Law.
9. IX.
   Changes to our Privacy Policy
10. X.
    Contact Us

I. Who is tbh?

tbh partners with academic institutions, nonprofits, and companies of all sizes to support student success by providing them with virtual mental health, coaching, and basic needs benefit support. tbh does this in a number of ways including but not limited to: remote consultations provided by culturally competent third party healthcare providers, therapists, and/or counselors; case management software to help institutions support students' basic needs, and self-service benefit assessment screeners.

tbh is not a medical group or a health care provider. tbh provides its users with the ability to obtain a consultation provided by independent practitioners employed or contracted by an independent clinical practice (“Group”) with a network of United States based health care providers (each, a “Provider”). Group (or your own provider if you do not use a Group Provider) is responsible for providing you with a privacy policy describing its collection and use of the information used or created during your telemedicine consultation, not tbh.

II. Key Terms & Definitions and Our Privacy Policy

It is helpful to start by explaining some of our key terms and definitions used in this Privacy Policy.

This Privacy Policy describes the types of information we may collect from you when:

• You visit or use our Platform, including our Website or App;
• We communicate in e-mail, text message, and other electronic messages between you and us; and
• We communicate in person, such as on the phone or through a telehealth visit.

This Privacy Policy does not apply to information collected by any other website operated either by us or by a third party, unless the website is listed above or links to this Privacy Policy. It also does not apply to any website that we may provide a link to or that is accessible from our Platform. This Privacy Policy does not apply to information collected from users who log-in to the password-protected and secure portions of our Platform ("Secure Platform"). The Secure Platform allows users who obtain the Services ("Customers") to perform certain functions or obtain the Services (such as telehealth visits from Group or Providers). All information collected and stored by us or added by Customers into such Secure Platforms is considered Personally Identifiable Medical Information ("PIMI") and/or medical information and is governed by applicable state and federal laws that apply to that information, for example the Health Insurance Portability and Accountability Act ("HIPAA") or the Family Educational Rights and Privacy Act ("FERPA"). How we use and disclose such PIMI is in accordance with the applicable privacy policy provided to you by the Group. We will not use or disclose information collected from the Secure Platform or received from Group or your Provider for advertising, marketing, or other use-based data mining purposes.

This Privacy Policy is incorporated into our Terms of Use, which also apply when you use our Platform.

III. Personal Information

Personal information is information from and about you that may be able to personally identify you. We treat any information that may identify you as personal information. For example, your name and e-mail address are personal information.

We may collect and use the following personal information (hereinafter, collectively referred to as "Personal Information"):

We collect most of this Personal Information directly from you. For example, when we speak to you by phone, text message, and e-mail. Additionally, we will collect information from you when you visit our Website or App and fill out forms, or purchase our Services.

We may also collect Personal Information in the following ways:

• When you make payments through the Platform. We do not collect or store financial account information, though we may receive transaction identifiers and summary information that does not include credit card or bank account numbers.
• When you contact us. When you contact tbh directly, such as when you contact our Customer Support team, we will receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.
• From your educational institution. We may obtain certain Personal Information from your educational institution, such as your transcripts or schedule.

We will also collect information automatically as you navigate through our Platform. We use the following technologies to automatically collect data:

• Cookies. We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Platform or Services through your computer or mobile device. A “cookie” is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. Some of the cookies we use are "session" cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Website and to limit the amount of redundant data that is downloaded during a single session. We also may use "persistent" cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We may use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our Platform and/or the Services. We and third parties may use session and persistent cookies for analytics and advertising purposes, as described herein. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access or use certain parts of our Platform or the Services. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.
• Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Platform. Google Analytics uses cookies, to help our Platform analyze how users use our Website. You can find out more about how Google uses data when you visit our Platform by visiting “How Google uses data when you use our partner' sites or apps”, (located at www.google.com/policies/privacy/partners/). For more information, please visit Google and pages that describe Google Analytics, such aswww.google.com/analytics/learn/privacy.html.
• Stripe. We use Stripe as our payment processor. In order to allow Stripe to function properly, a cookie is stored on your browser, which assists Stripe in detecting and preventing fraud. These are considered session cookies and typically only remain on your browser for 24 hours. For more information on Stripe, please visit their privacy policy.
• Other third party tools. We use other third party tools which allow us to track the performance of our Platform. These tools provide us with information about errors, app and website performance, and other technical details we may use to improve our Platform and/or the Services. For more information related to these third-party analytics providers please reviewHow do we collect your Personal Information?.

We may use your Personal Information for the following purposes:

• Operate, maintain, supervise, administer, and enhance our Platform or the Services, including monitoring and analyzing the effectiveness of content on the Platform, aggregate site usage data, and other usage of the Platform and/or the Services such as assisting you in completing the registration process.
• Provide our Products and Services to you, in a custom and user-friendly way.
• Provide you with information, Products, or Services that you request from us or that may be of interest to you.
• Promote and market our Platform and/or the Services to you. For example, we may use your Personal Information, such as your e-mail address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about Products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. You can opt-out of receiving these e-mails at any time as described below.
• Provide you notices or about your account.
• Contact you in response to a request.
• Notify you about changes to our Platform and/or the Services or any Products we offer or provide through them.
• Fulfill any other purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Anonymize and aggregate information for analytics, reporting, and any other purposes permitted by law.
• Respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual obligations.
• Authenticate use, detect fraudulent use, and otherwise maintain the security of our Platform and the safety of others.
• Administer surveys and questionnaires.
• Provide you information about goods and services that may be of interest to you, including through newsletters.
• Any other purpose with your consent.

We may share Personal Information with third parties in certain circumstances or for certain purposes, including:

• Our business purposes. We may share your Personal Information with our affiliates, vendors, service providers, and business partners, including our data hosting and data storage partners, analytics and advertising providers, technology services and support, and data security advisors. We may also share your Personal Information with professional advisors, such as auditors, law firms, and accounting firms.
• Your healthcare providers or family. With your consent, we may share your information, including information collected from your use of our Platform, with your health care providers and/or family members (e.g., immediate family or friends) that you designate to receive your information.
• With your consent. We may share your Personal Information if you request or direct us to do so.
• Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
• Business transfer. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred.
• To enforce our rights. We may share your Personal Information to enforce any applicable terms and conditions and Terms of Use, and to ensure the safety and security of our Services and our users.
• De-identified information. We may also disclose de-identified information, so that it cannot be reasonably used to identify any individual, with third parties for marketing, advertising, research, or any other purpose permitted by law.
• To improve our Platform. We may use your Personal Information for internal testing, research, analysis, and product development, including to develop and improve our Platform, and to develop, improve, or demonstrate our Products and Services.
• Third party analytics. We use third party analytics to understand and evaluate how visitors interact with our Platform and/or the Services. These tools help us improve our Platform and/or the Services, performance, and your experience. See How do we collect your Personal Information above.

This section of our Privacy Policy provides details and explains how to exercise your choices. We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising. We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.

Each type of web browser provides ways to restrict and delete cookies. Browser manufacturers provide resources to help you with managing cookies. Please see below for more information.

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile

For other browsers, please consult the documentation that your browser manufacturer provides.

If you do not wish to have your e-mail address used by tbh to promote our own Products and Services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any e-mail or other marketing communications you receive from us or logging onto your Account Preferences page. This opt out does not apply to information provided to tbh as a result of a product purchase, or your use of our Platform and/or the Services. You may have other options with respect to marketing and communication preferences through our Platform.

You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.

You can review and change your Personal Information by logging into our Services and visiting the profile section of the tbh dashboard on our Platform. You may also Contact Us to inform us of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

IV. Who may use the Services?

tbh operates subject to state and federal regulations, and the Platform and/or the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform and/or the Services is limited exclusively to users located in states within the United States where the Platform and/or the Services is available. The Platform and/or the Services are not available to users located outside the United States. Accessing the Platform and/or obtaining the Services from jurisdictions where content is illegal, or where we do not offer the Platform and/or the Services, is prohibited.

V. Children's Privacy

tbh understands the importance of protecting children’s privacy in the interactive online world. Our Platform is not designed for, or intentionally targeted at, children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13, unless we have parental authorization. No one under the age of 13 should submit any Personal Information the Platform, and if we learn that we have collected or received Personal Information from a child under 13, we will delete that information. If you are the parent or guardian of a child under 13 years of age whom you believe might have provided us with their Personal Information, you may Contact Us to request the Personal Information be deleted.

VI. Does tbh respond to Do Not Track signals?

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Platform is not currently set up to respond to those signals.

VII. Data Security

We have taken steps and implemented administrative, technical, and physical safeguards designed to protect against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use. The Internet is not 100% secure and we cannot guarantee the security of information transmitted through the Internet. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential.

The sharing and disclosing of information via the internet is not completely secure. We strive to use best practices and industry standard security measures and tools to protect your data. However, we cannot guarantee the security of Personal Information transmitted to, on, or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Platform, in your operating system, or mobile device.

VII. California’s Shine the Light Law

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Platform and/or the Services that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2023 will receive information regarding such activities in 2022). You may request this information once per calendar year. To make such a request, please Contact Us using the information below.

IX. Changes to this Privacy Policy

We may update our Privacy Policy periodically to reflect changes in our privacy practices, laws, and best practices. We will post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our Platform. If we make material changes to our practices with regards to the Personal Information we collect from you, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Platform. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically accessing the Platform and reviewing this Privacy Policy to check for any changes.

X. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on the Platform.