Our Privacy Policy

Effective May 26th, 2016

We are a health & wellness technology company with a mission to empower integrative health & wellness coaches and practitioners to do what they do best: guide people to live happier and healthier lives. We use cutting-edge hardware and software technology in our Mbody360 delivery application system that allows both you and your practitioner the ability to exchange information, communicate regarding coaching strategies, and view stored communications and information, as you follow and track to your practitioner’s program.

1. SCOPE AND PURPOSE OF OUR PRIVACY POLICY

Your privacy is important to us. This Privacy Policy describes the information we receive from individuals who visit Mbody360’s website and use Mbody360, how we may use that information, and a disclaimer about us, and our product.

Please read this Privacy Policy carefully. By using Mbody360, you agree that your use of Mbody360, and any dispute over privacy, is governed by this Privacy Policy. Because our technology is evolving, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

2. INFORMATION WE RECEIVE AND HOW WE USE IT

Mbody360 allows you to input and view your information that is stored on our application system cloud servers. Tracking your information provides a more customized experience by enabling you to analyze how well your practitioner’s program is working. For instance, if your conditions are not improving, your practitioner and you may try different approaches to determine whether modifications in their program improve your progress.

3. USER’S PERSONAL INFORMATION

You provide personal information to us when you set up your MBody360 account. The Mbody360 application system stores the information you provide, including your name, email and other data that could possibly identify you. If you set up your account and you lose your phone, or switch to a different phone, your information should remain secure subject to the exceptions outlined in this privacy policy. Other than, as authorized by our privacy policy or applicable law, our terms of service, we do not sell or rent any of your personal information with third parties without your permission or share your information with anyone other than your practitioner. Please read this privacy policy carefully, there are situations where your information (whether depersonalized or otherwise) may be shared. User personal information we will receive includes:

  • Email Address. We need your email address to set up your account and for security purposes so that we know it’s really you retrieving your data. Mbody360 may occasionally send you emails related to the use of the Mbody360 App. Your practitioner may send you emails, text message or call you regarding your progress. We do not share your email address with third parties unless authorized by applicable law, or pursuant to specific scenarios listed below.
  • Payment Information. We may refer you to third party sites for transactions. All purchases are voluntary. We do not have any information about your payment instruments, and all transactions are subject to any applicable third party transaction platform’s privacy policy and terms of use.
  • Communications. Communications with us may be used to help improve our customer support services and enhance our products. We never share your contact information with anyone else other than as authorized by applicable law, or pursuant to specific scenarios listed below.

4. DISCLOSURE OF PERSONAL INFORMATION—SCENARIOS WHERE DISCLOSURE MAY OCCUR

We may disclose your information under the following circumstances:

  •  With your express permission to do so.
  • If we reasonably believe that disclosure is necessary to comply with a law, regulation, government request, or a valid legal process, or, as authorized by applicable law.
  • If disclosure is for our vendors or service providers to assist us in providing improved services to you.
  • If disclosure is for user verification purposes.
  • If the information is de-identified and/or de-personalized.

We also use IP addresses to analyze trends, administer the application system, and gather broad demographic information for aggregate use. IP addresses are not typically linked to personal information. While there can be no guarantee of privacy, we have established reasonable and appropriate safeguards to protect your information from unauthorized use and disclosure. To the extent you share your information (your personal health information, contact information, or access credentials) within our application system, or otherwise with anyone, you are solely responsible for any compromise of confidentiality that may result from your sharing that information.

5. CHOICES REGARDING PERSONAL INFORMATION

You can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site, the Mobile App and the Services.

You are able to add or update certain information in the Mobile app or Website. When you update information, however, we often maintain a copy of the unrevised information in our records.

If you would like us to remove your records from our system, you may request deletion of your account with us by sending e-mail to admin@mbody360.io. Please note that some information may remain in our records after deletion of your account, including any information or records we are legally obligated to retain. We will process your request within a reasonable time, but please note that you may receive additional communications and offers as we process your request.

If you do not wish to receive email or other mail, phone calls or texts from us, please click on the “Unsubscribe” link contained in the emails or indicate this preference by emailing us at admin@mbody360.io.

6. PERSONALIZED HEALTH INFORMATION

Information you provide may include facts about your health. You are voluntarily choosing to disclose this information. Such information may include reference to your health, health data, and medication(s) and/or medical conditions. This kind of information, coupled with information that identifies you, may be considered personalized health information that may be protected by federal health privacy laws such as the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations (HIPAA), and under the privacy and security provisions of the Technology for Economic and Clinical Health Act of 2009 (HITECH Act). We believe in protecting your personalized health information from unauthorized disclosure, and will comply with applicable laws with respect to that information. Specifically, we will comply with provisions of the HIPAA Security Rule that apply to business associates under the HITECH Act, the privacy and security provisions of the HITECH Act that are applicable to business associates, and the  However, while we will engage in commercially reasonable efforts to protect your privacy, applicable law may allow for disclosures in certain circumstances.

7. PERMITTED USE OF PERSONALIZED HEALTH INFORMATION

If you chose to share your personalized health information with us, federal and state laws provide certain privacy and disclosure safeguards. However, these laws are not absolute; disclosure of that information may be authorized in certain circumstances. Some examples of when disclosure may lawfully occur are:

  • We will allow you, and anyone you authorize, on our application system to access your personalized health information. To the extent that you authorize your employer, or any other third parties, access to your personalized health information on our application system, that is your decision to allow that access and we have no privacy obligation to you regarding such disclosures.
  • Our application system allows your authorized users who use your access credentials to view your personalized health information stored within our application system. Use caution when providing such authorization or access credentials to others, as those users may in turn disclose your information to their employees, vendors, and other health coaches, or service providers (such as laboratories, pharmacies, or parties engaged in healthcare or related billing). Applicable laws may allow such disclosures, subject to certain requirements. Additionally, your terms of use or license agreements with such parties may also affect how your information may be shared.
  • De-identified personal health information is information about your health that is disconnected from information regarding your identify. This information under our terms of service transferred and assigned to us, and this de-identified information may be used, disclosed, marketed, licensed, and sold for any purpose and without restriction. You will have no ownership rights or interest in such de-identified information, or in the proceeds of any sale, license, or other commercialization of that data. Mbody360 may use such de-identified information in large-scale medical studies so that we can continue to validate the effectiveness of your practitioner’s programs, and for any other lawful purpose. However, your personal identifying information will not be shared or disclosed unless applicable law authorizes such disclosure, and we will maintain the confidentiality and security of any personal health information to the extent required by applicable law.
  • We may create limited data sets from your health information, and disclose them for any purpose for which limited data set disclosure is lawful.
  • We may aggregate your health information with that of other users, and share aggregated information to the extent that is lawful
  • We may use your health information for the proper management and administration of our businesses, and to help us fulfill our legal responsibilities. We may also disclose your health information if disclosure is required by law, or we obtain reasonable and lawful assurances from the recipient that your information will be held confidentially and used or further disclosed only in a manner that complies with applicable law. For example, we may permit access to our application system to contracted application system developers, and we will do so only in a manner that complies with applicable law (which may include procuring appropriate confidentiality agreements from such parties).

This Privacy Policy does not list every category of use and disclosures regarding personalized health information. If you want more information on use and disclosures of personalized health information, visit: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

8. YOUR OBLIGATIONS

You agree that if you use another individual’s information, available on, or through this application system (whether or not personalized health information), you will do so in accordance with applicable law. You also agree to ensure that others under your guidance or control who have access to such information, will also comply with applicable law. You may share information on our application system from other platforms, and from a range of sources. You are solely responsible for ensuring that your sharing of any information on our application system complies with other parties’ terms of use or license terms, and is done so with any required consents or authorizations. We are not responsible if you share information on our application system in a manner that violates another party’s rights, or is not lawful.

9.  ACCOUNT ACCESS

You provide personal information when you create your account with us. We may use that information to verify your identity and permit you to view data in our application system. However, we have no way of knowing if someone logging on to our application system is really you so we must solely rely on the access credentials provided. That means if someone secures your access credentials, with your permission or not, they will be able to access our application system and view your information and communicate on our application system. Our application system lacks the ability to discern whether access credential holders are legitimate. We log and audit application system use in an effort toward ensuring that users access the application system appropriately. But, if you share your access credentials with another person or party, or another person or party acquires your access credentials, we cannot determine if that access is authorized by you or not. In the event we suspect application system misuse, or are engaged in quality control efforts, we may attempt to contact you regarding application system use. But, we cannot guaranty we can or will detect application system misuse by someone not actually authorized by you if that person has your access credentials, and we disclaim any responsibility if access credentials are used to access your information or to communicate on our application system in a manner not authorized by you.

10. SURVEYS, QUESTIONNAIRES, AND POLLS

We may ask you to participate in user surveys, questionnaires, or polls, to facilitate application system feedback as we work to improve our application system and services. We may collect and retain survey responses, questionnaires, or polls related to our application system, and use that information to the extent authorized by our terms of service and applicable law.

11. SECURITY AND STORAGE

We employ industry standard administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. In addition, when we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA.

Furthermore, your individual user account is protected by a password for your privacy and security. To ensure that there is no unauthorized access to your account and Personal Information, we suggest that you safeguard your password appropriately and limit access to your computer and browser by signing off after you have finished accessing your account.

The Site and the Mobile App contain links to third party websites (“Third Party Websites”). In such an event, before using the Third Party Websites or related services, you must review and accept the terms of use and privacy policies for those sites and/or services. We are not responsible for the privacy policies and/or practices of any Third Party Websites, and we are not responsible or liable for the availability, reliability, content, functions, performance, accuracy, legality, appropriateness, services, materials, or any other aspect of such Third Party Websites. This Privacy Policy only governs information collected on our Site, our Mobile App or through our Services. When you access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Websites.

We exercise great care to protect your personal information. However, we cannot ensure or warrant the security and confidentiality of any information that you transmit to us or receive from us via the Services offered through our Site and Mobile App, by Internet or wireless connection, including email, or the appropriateness of the measures we use to safeguard such information. Unauthorized entry, access, or use; loss; hardware or software failure; and other factors, may compromise the security of your information at any time. This is especially true for any information that you transmit to us via email or text message, since we have no way of protecting that information until it reaches us. E-mail and text message and the communication lines they travel over do not have the security features that are built into our Site and Mobile App and may not be secure. In addition, by downloading the Mobile App from a digital distribution platform such as the Apple App Store or Google Play (a “Mobile App Provider”), the Mobile App Provider and its agents may be able to identify you as a user of our Services. If you have reason to believe that your data or your interactions with us are no longer secure, you may contact us at the email address, mailing address or telephone number listed at the end of this Privacy Policy. In addition, if you have privacy or data security related questions, please feel free to contact the office identified at the end of this Privacy Policy.

12. INTERNET COOKIES

Each time you visit our application system website, we collect the limited information that your browser makes available whenever you visit any website. We may also place internet “cookies” on the computer hard drives (or on any mobile or tablet device) of visitors to this website. Information we obtain from cookies helps us to tailor our application system website to be more helpful and efficient for visitors. The cookie consists of a unique identifier that should not contain information about you or your health history. We use two types of cookies, “session” cookies and “persistent” cookies.

  • A session cookie is temporary, and expires after you end a session and close your web browser. We use session cookies to help customize your experience on our application system, and maintain your signed-on status as you navigate through the features.
  •  Persistent cookies remain on your hard drive after you exit from our application system, until you erase them or they expire. Persistent cookies will not contain any personal information about you.

13. MEDICAL DISCLAIMER

We solely own the content of our data and any data and information shared with us. We grant a non-exclusive license to users to utilize such data and information within our application system applications or sites. Your practitioner’s use of Mbody360 does not create or imply any endorsement by either party. We are not a licensed medical care provider and have no expertise in diagnosing, examining, treating medical conditions of any kind, determining the effect of any specific exercise on a medical condition, or determining the credentials of any specific practitioner. It is up to you to review the credentials of any practitioner that provides services to you. Before starting a fitness program, changing your diet, or if you have any questions regarding a medical condition, you should consult a physician or medical provider. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. We are not responsible for any health problems or inaccurate and/or inadequate advice that may result from any third party communications, training programs, products, or events you access via our application system. If you engage in any program at the recommendation of your practitioner, or otherwise receive health advice or even diagnosis using our application system, you acknowledge that we are unable to screen or credential practitioners you authorize to have access to our application system, and there is no way for us to review or otherwise engage in quality control regarding any advice or care or communications you receive via our application system. You agree that you engage in our application system and practitioner communications at your own risk and are voluntarily participating in such activities. We are not responsible for any upsetting or unwelcome communication that you may receive from any third party or practitioners using our application systems. We cannot edit or change what is communicated using our application system.

14. MEDICAL PROVIDER’S USE OF MBODY360

If you are medical provider that is considered a “covered entity” under HIPAA, or otherwise hold and share personalized health information such that HIPAA requirements are applicable, you agree to comply with the terms of this Privacy Policy, our Terms of Use, and all applicable laws. You must notify us and provide an appropriate business associate agreement (BAA). Unless advised otherwise, we will presume that individuals who contact us on behalf of a covered entity are employees of the covered entities, and not independent contractors, who might need a BAA in place, with respect to personalized health information shared between the covered entity, that contractor, and us. You also agree that you will implement and maintain appropriate administrative, physical, and technical safeguard to protect information within our application system, and immediately notify us of any breach or suspected breach of our application system.

15. General Data Privacy Regulation (GDPR)

The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”

To make any of these requests, please contact our GDPR contact at admin@mbody360.io

16. CHILDREN’S USE OF MBODY360

We do not intend to accept any information from individuals under the age of 13. If you are not yet 13 years of age, please leave our application system immediately. Parents are urged to monitor and supervise their children’s on-line activity. If you are under the age of 18, but 13 years old or older, you may not use this application system without the written permission of your parent/guardian and physician. No information regarding any person under the age of 13 will be collected or stored on our application system. If you are a health coach, health educator, or physician or other type of health professional allowing users to access our System Application, it is your responsibility to refrain from enabling a user under the age of 13 to access our System Application and to ensure all users under the age of 18 have written parent/guardian and physician consent for System Application use.

17. ADDITIONAL MATERIAL

You may provide content or material to our application system by participating in forums, discussion groups, or similar forums. You agree that any information, material, or work product you provide to our application system is the exclusive property of Imbodi, Inc., and by submitting such content or material; you assign to Imbodi, Inc., all intellectual property rights in such content or material. Furthermore, you agree that we may use, disclose, market, license, and sell such material or content, and that you have no interest in the information, or in the proceeds of any sale, license, or other commercialization thereof to the extent authorized by applicable law, this privacy notice, and our terms of use. You agree that any material you provide will not infringe on the intellectual property or other rights of others, and will not be otherwise unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or in violation of any applicable law. You should bear in mind that any information you post in a forum or discussion group is available to the public, and may result in your receiving communications from others outside of our application system. You are responsible for safeguarding the privacy of your personal information when you participate in forums and discussion groups.

18. Third Parties

Our application system may provide links to sites operated by third parties. We have no control over the content or security of such linked sites, and are not responsible for those sites, or for the effect of your accessing a site through a link on our application system. A third party operates any link provided by our application system so you should read the site’s privacy notice before using it. For more information, you should review our Terms of Services, which is available in the Mbody360 app and at: http://www.mbody360.io/terms.html.

Google Analytics

We may use Google Analytics Advertiser Features to optimize our business. Advertiser features include:

  • Remarketing with Google Analytics
  • Google Display Network
  • Impression Reporting
  • DoubleClick Platform integrations
  • Google Analytics Demographics and Interest Reporting

By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site,and match the right audience with the right advertising message.

You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Facebook

As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook’s Data Use Restrictions.

Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.

We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.

We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.

We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

 

19. APPLICABLE LAW

Any claim relating to the use of our application systems or information to which it gives access shall be governed by the internal substantive laws of the State of New York, without giving effect to any principles of conflict laws.

20. CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy as needed. If we make any changes to this Privacy Policy, we will post them at http://www.mbody360.io/privacy.html. These are principles that we believe in strongly, so the spirit of this privacy policy will not change, but if we forgot something, or if new laws require change, or we add new features that need some clarification, we will make these changes available to you and update our privacy notice accordingly.

21. QUESTIONS, COMPLAINTS, AND CONTACTS

If you have any concerns about your privacy or security of the information you provide us, we are always happy to listen and make sure you feel comfortable using Mbody360. If you have any questions or complaints, please contact us at: admin@mbody360.io.