Privacy Policy

Effective Date: September 11, 2020

The following Privacy Policy summarizes the various ways that mindbodygreen, LLC (“mindbodygreen,” “we” or “our”) treats the information you provide while using www.mindbodygreen.com (the “Website”). It is our goal to bring you information that is tailored to your individual needs and, at the same time, protect your privacy.

Please read this Privacy Policy carefully. You can access the Privacy Policy any time. Your use of and/or registration on any aspect of the Website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website. This Privacy Policy does not cover information collected elsewhere, including without limitation offline and on sites linked to from the Website that may have different privacy policies than ours. We are not responsible for the practices of such sites or applications.

In addition to reviewing this Privacy Policy, please read our User Agreement. Your use of the Website constitutes agreement to its terms and conditions as well.

This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.

The Type of Information the Website Collects

The Website generally requests only a user name and password, although you can provide an e-mail address if you wish. If at any time the Website were to collect personally identifying information, such as your actual name, address, or home or mobile telephone number, it would only be with your specific knowledge and consent, such as if you sign-up to receive SMS text messages in accordance with our Terms of Use. For instance, if the Website began to offer sweepstakes, and you wish to participate, We may require personally identifiable information to contact you in case you win. Optional information such as your age or gender may also be requested.

Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol ("IP") address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.

How the Website Uses Information Provided by You

We use your user name and password to grant you access to and use of the Website. Your e-mail address will be used, at your request, to send you a copy of your user name and password. If you provide personally identifiable information, it will be used to provide you with the service you have requested. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.

We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums software, but only for the purpose of and to the extent necessary to provide those services. There are also times when you provide information about yourself to us in areas of the site that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we does not bear any responsibility for any actions or policies of third parties. There may also be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose.

In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website. While your personally identifying information is used only as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data (excluding mobile phone numbers) about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.

Cookies

You may have read about "cookies," nuggets of information that are placed by a Website in a storage place on your own computer. We may use cookies to control the display of ads, to track usage patterns on the site, to deliver editorial content, and to record registration and personalization information. For example, if you register on any part of the Website and are given the option to save your user name and password on your computer, we can provide this convenience to you by placing a cookie on your computer. Our cookies may contain personally identifiable information and such cookies may be shared with our affiliates and other companies.

Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers.

We may also use advertising service vendors to help present advertisements on the Website. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and we disclaim all liability in connection therewith.

We participate in affiliate marketing and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission when you click on or make purchases via affiliate links and affiliate partners may use cookies to understand your use of the services.

If you do not want the benefits of these advertising cookies, you may be able to opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp.

If you don't want any cookies, your Web browser likely includes an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly.

Public Forums

Any information you may disclose in ratings or review, on message boards, in chat rooms, or on other public areas of the Services, becomes public information. Please exercise caution when disclosing personal information in these public areas.

California Residents - Your California Privacy Rights

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. Our Site collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”) Personal information does not include:

publicly available information from government records.

deidentified or aggregated consumer information.

information excluded from the CCPA’s scope, like:

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Notice of Collection

In particular, our Website has/we have collected the following categories of personal information from its consumers within the last twelve (12) months:

MindBodyGreen obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

WE DO NOT SELL YOUR INFORMATION TO THIRD PARTIES

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct 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 bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with Service Providers and with third party advertisers, analytics, and content providers

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have not disclosed personal information for a business purpose.

Your Rights and Choices

The CCPA provides consumers who are California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• Calling us at 1-877-624-9355
• Completing our online request form at: https://mindbodygreen.zendesk.com/hc/en-us/requests/new
• Emailing us at [email protected]

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Notice of the Right to Opt-Out of Sale of Personal Information

WE DO NOT SELL YOUR INFORMATION TO THIRD PARTIES

Non-Discrimination; Notice of Financial Incentive

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: [email protected] or write to us at the following mailing address:
mindbodygreen, LLC
2980 McFarlane Rd.
Miami, FL 33133

You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Contact Information

If you have any questions or comments about this notice, the ways in which We collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

• Calling us at 1-877-624-9355
• Completing our online request form at: https://mindbodygreen.zendesk.com/hc/en-us/requests/new
• Emailing us at [email protected]
• Postal Address:
  mindbodygreen, LLC
  2980 McFarlane Rd.
  Miami, FL 33133

Additional California Rights

California Civil Code Section §1798.83 permits users of our site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at mindbodygreen, 2980 McFarlane Rd., Miami, FL 33133.

Users Outside the United States

For residents of the European Economic Area (EEA), we advise that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Our legal basis for collecting and using your personal information or information is to do so with your consent; where we need the personal information for performance of a contract, or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your Personal Information with your consent, you may withdraw your consent at any time.

Residents of the EEA have the right to:

• Access your personal information;
• Delete, or request deletion of, your personal information;
• Object to or restrict processing of your Personal information;
• Request portability of your Personal information;
• Complain to your local data protection authority at any time;
• Object to automated decision making; and
• Update your personal Information.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide Personal information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your Personal information is required and if not, the consequences of not sharing your personal data with us.

Similarly, if we collect and use your Personal information in reliance on our or a third party's legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.

We endeavor to apply suitable safeguards to protect the privacy and security of your Personal information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy. We also take steps to minimize the risk to your rights and freedoms by not collecting or storing sensitive or special categories of Personal information about you.

To withdraw consent or exercise these rights, please contact us via email at [email protected].

Kids and Parents

This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site.

If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.

If you're worried about your children's activities or their privacy on our site, we encourage you to contact our Privacy Policy Coordinator as described below.

Access To Your Personal Information

If you have an account on our Services, you may sign in to your account and update your personal information contained in the account.

If You Have Questions

If you have any questions about this Privacy Policy or the practices described herein, you may contact us at:

• [email protected]
• mindbodygreen, LLC
  2980 McFarlane Rd.
  Miami, FL 33133

Revisions To This Policy

We reserve the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Site. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.