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.
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.
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 firstname.lastname@example.org. 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 email@example.com.
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.
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.
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.
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.
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 firstname.lastname@example.org
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.
We may use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
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.
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.
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.