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 your practitioner’s program.
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.
We may disclose your information under the following circumstances:
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.
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, and the privacy and security provisions of the HITECH Act that are applicable to business associates. However, while we will engage in commercially reasonable efforts to protect your privacy, applicable law may allow for disclosures in certain circumstances.
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:
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.
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.
Our application system may require a valid user name, e-mail address, code or password (or a combination of the foregoing) to access and use the application system. Users are solely responsible for: (1) maintaining the strict confidentiality of any user identification, and/or access credentials, including, name, e-mail address, code or password, (2) any personal information that user choses to provide on our application system, (3) not allowing anyone other than you to gain access to your application system access credentials (4) any damages or losses that may be incurred or suffered as a result of your intended or unintended disclosure of application system access credentials or any of your other personal information (5) the failure to promptly and credibly inform us regarding any changes required for your access credentials, or any loss of your information that threatens unauthorized access of our application system, or the need for any reason to deactivate your application system access. We are not responsible or liable for any stolen or shared user application system access credentials, loss of data associated with shared or lost access credentials, user’s disclosure of information, or any access to our application system with access credentials that match our application system requirements. We cannot verify the identities of users other than via our access credential application system. Please immediately notify us of any unauthorized use of any of your user access credential information, or if you suspect such information has been shared or compromised. Applicable laws may require that we retain your data for an assigned duration. However, once that duration expires, we will either destroy or no longer have the ability to share or return data.
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.
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.
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.
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.
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.
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: email@example.com.