Terms of Service

Last Updated: June 3rd 2019

Welcome to Mindful Synchrony. ("Mindful Synchrony") websites located at www.mindfulsynchrony.com and blog.mindfulsynchrony.com (together, the "Site"). Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and our Mindful Synchrony app accessible via our Site and mobile device application (the "App"). To make these Terms easier to read, our Site, services and App are collectively called the "Services."

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to be bound by these Terms, do not use the Services.

  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

  1. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  2. Health-Related Content. The Services give you the option to choose from a number of programs. The descriptions of the programs, such as "How I won the fight over cancer", are intended to convey the category or direction of the program and should be considered the goal for that program and not a guarantee or certainty of success. While we hope each program can help you to get another’s perspective and inspire you to act in a particular way, the results or actions taken by you are of your own responsibility. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals.

  3. Who May Use the Services?

    1. Eligibility. You may use the Services only if you are 18 years of age or older, capable of forming a binding contract with Mindful Synchrony, and are not barred from using the Services under applicable law.

    2. Registration and Your Information. If you want to use certain features of the Services you'll have to create an account with us ("Account"). You can do this via the App through your email account, Facebook account, or Google account. If you choose the Facebook or Google account option we'll create your Account by extracting from your Facebook or Google account certain personal information such as your name and email address and other personal information that your privacy settings on your Facebook or Google account permit us to access.

    3. Accuracy of Account Information. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

  4. Subscription Fees and Payment. We offer several types of in-app purchases and subscriptions for our Services, including: a per/program purchase, a program package purchase, a free trial membership, a weekly membership, a monthly membership and an annual membership. By selecting one of these subscriptions, you agree to pay in advance the applicable membership fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

    1. Free Trials. We offer a free trial during which you may use the Services without payment for the period of time specified in the App or on the Site at the time that you create your Account. Free trial subscriptions are only available to new users. Unless you cancel your free subscription prior to the end of your trial we (or our third party payment processor) will begin charging you the applicable subscription fee until you cancel your subscription. You will not receive a notice from us that your free trial has ended or that your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

    2. General. Whether you are purchasing a one-time gift for another person or a program or membership for yourself (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

    3. Advance Payment of membership Fees. If you purchase a membership, the membership fee (plus any applicable taxes and other charges) will be charged to you at the beginning of the paying portion of your subscription. Per/program, program package, weekly, monthly and annual memberships will be charged to you at the beginning of your membership, week, month or year (as applicable) thereafter at the then-current rate. Unlimited access memberships, if available, will be charged in one advance payment at the beginning of your membership at the then-current rate; such memberships will give you access to the Services without further payment for as long as we provide the Services. For weekly, monthly and annual subscriptions, you will be automatically charged each week, month or year, as applicable, on the calendar day corresponding to the date of commencement of your membership. If your monthly membership began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your membership started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Weekly, monthly and annual membership fees auto-renew as set forth below.

    4. Recurring Payment. By entering into these Terms and electing a weekly, monthly or annual subscription, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or Mindful Synchrony. Your weekly, monthly or annual membership continues until cancelled by you or we terminate access to or use of the Services in accordance with these Terms.

    5. Gifts. If you choose to purchase a gift to another person, you agree to pay the applicable fee as a one-time, non-refundable, advance payment at the then-current rate specified on the Site or in the App.

    6. Cancellation of membership. You may cancel your membership at any time. All payments are non-refundable and non-transferable. You will not receive a refund of any portion of the membership fee paid for the then-current membership period at the time of cancellation. If you cancel, you can continue to enjoy your membership through the end of your current week, month, or year, as applicable to your membership. To cancel, you can email us at admin@mindfulsynchrony.com. You can also cancel through your app store operator. For example, if you have an iPhone, go to Settings, tap App and iTunes Stores, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. Please follow the instructions, if any, that we provide to you in response to your cancellation request. Google subscriptions can be managed in the Google Play Store; search for Mindful Synchrony and select "Manage Subscriptions".

    7. Termination of memberships. We may terminate access to or use of the Services, at our sole discretion, at any time and without prior notice. All fees are non-refundable. For per/program, program package, weekly, monthly, and annual memberships, if we terminate your membership, you may continue to use the Services for the remainder of your current membership period, after such time the paid membership Services will not be available to you. For unlimited access memberships, your access to the Services will only be cancelled if you violate these Terms or we discontinue offering the Services. If Mindful Synchrony or its assets are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale, or if we go out of business or enter bankruptcy, we may discontinue offering the Services and will not be required to provide any refunds for unlimited access memberships.

    8. Membership Price Changes. The price of memberships is subject to change at any time without notice. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions on the Site or in the App, including after you have been charged your membership fee. If we change the price of your weekly, monthly or annual subscription, you have the option to cancel at any time before the new price is applied. Please see above for further information about cancellation.

  5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at admin@mindfulsynchrony.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  6. Content and Content Rights. For purposes of these Terms: (a) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

    1. Content Ownership, Responsibility, and Removal. Mindful Synchrony does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Mindful Synchrony and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

    2. Rights Content Granted By Mentors. By making any Content available through Services you hereby grant to Mindful Synchrony a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

 

  1. Rights in User Content Granted By You. By making any User Content available through Services you hereby grant to Mindful Synchrony a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

  2. Responsibility for User and Mentor Content. You are solely responsible for all your User or Mentor Content. You represent and warrant that you own all your User or Mentor Content, or you have all rights that are necessary to grant us the license rights in your User or Mentor Content under these Terms. You also represent and warrant that neither your User or Mentor Content, nor your use and provision of your User or Mentor Content to be made available through the Services, nor any use of your User or Mentor Content by Mindful Synchrony on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  3. Rights in Content Granted By Mindful Synchrony. Subject to your compliance with these Terms, Mindful Synchrony grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display, stream, and download the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

  4. Rights and Terms for App. Subject to your compliance with these Terms, Mindful Synchrony grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Mindful Synchrony reserves all rights in and to the App not expressly granted to you under these Terms.

  5. Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:

  • These Terms are concluded between you and Mindful Synchrony, and not with the App Provider, and Mindful Synchrony (not the App Provider), is solely responsible for the App.

  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mindful Synchrony.

  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Mindful Synchrony will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • You must also comply with all applicable third party terms of service when using the App.

  1. General Prohibitions and Mindful Synchrony Enforcement Rights. You agree not to do any of the following:

    1. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

    2. Use, display, mirror or frame the Services or any individual element within the Services, Mindful Synchrony’s name, any Mindful Synchrony trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mindful Synchrony's express written consent;

    3. Access, tamper with, or use non-public areas of the Services, Mindful Synchrony’s computer systems, or the technical delivery systems of Mindful Synchrony’s providers;

    4. Attempt to probe, scan or test the vulnerability of any Mindful Synchrony system or network or breach any security or authentication measures;

    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mindful Synchrony or any of Mindful Synchrony’s providers or any other third party (including another user) to protect the Services or Content;

    6. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mindful Synchrony or other generally available third-party web browsers;

    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    8. Use any meta tags or other hidden text or metadata utilizing a Mindful Synchrony trademark, logo URL or product name without Mindful Synchrony’s express written consent;

    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    14. Impersonate or misrepresent your affiliation with any person or entity;

    15. Violate any applicable law or regulation; or

    16. Encourage or enable any other individual to do any of the foregoing.

Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. DMCA/Copyright Policy. Mindful Synchrony respects copyright law and expects its users to do the same. It is Mindful Synchrony’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mindful Synchrony’s Copyright Policy for further information.

  2. Links to Third Party Websites or Resources. The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  3. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@mindfulsynchrony.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.

  4. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

  5. Limitation of Liability. NEITHER MINDFUL SYNCHRONY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDFUL SYNCHRONY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MINDFUL SYNCHRONY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MINDFUL SYNCHRONY FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MINDFUL SYNCHRONY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINDFUL SYNCHRONY AND YOU.

  1. General Terms.

    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mindful Synchrony and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mindful Synchrony and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Mindful Synchrony’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mindful Synchrony may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    2. Notices. Any notices or other communications provided by Mindful Synchrony under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    3. Waiver of Rights. Mindful Synchrony’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mindful Synchrony. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  2. Contact Information. If you have any questions about these Terms or the Services, please contact Mindful Synchrony  at admin@mindfulsynchrony.com

 

 

 

 

COPYRIGHT POLICY

Notification of Copyright Infringement

Mindful Synchrony respects the intellectual property rights of others and expects its users to do the same. It is Mindful Synchrony’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mindful Synchrony will respond expeditiously to claims of copyright infringement committed using the Mindful Synchrony websites or other online network accessible through a mobile device or other type of device (the "Sites") that are reported to Mindful Synchrony’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Mindful Synchrony’s Designated Copyright Agent. Upon receipt of the Notice as described below, Mindful Synchrony will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA Notice of Alleged Infringement ("Notice")

1.  Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

 

2.  Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.

 

3.  Provide your mailing address, telephone number, and, if available, email address.

 

4.  Include both of the following statements in the body of the Notice:

  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

    1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Mindful Synchrony’s Designated Copyright Agent:

Copyright Agent c/o Mindful Synchrony

admin@midnfulsynchorny.com

 

 

 

 

Privacy Policy

Effective Date of Current Policy: June 3rd 2019

1. Purpose

This Privacy Policy is incorporated by reference into the Mindful Synchrony Terms of Service (the " Terms"). The terms "Synchrony," "we," and "us" include Mindful Synchrony and our affiliates and subsidiaries. This Privacy Policy explains our practices regarding the collection, use and disclosure of information that we receive through our Services, and how you can opt out of a use or correct or change such information. All other terms not defined in Section 14 or otherwise herein will have the meanings set forth in the Terms.

2. Scope

This Privacy Policy applies to Personal Information that is Processed by Mindful Synchrony in the course of our business, including on Mindful Synchrony websites (each a " Site"), mobile applications, forums, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Mindful Synchrony, the " Services"). All individuals whose responsibilities include the Processing of Personal Information on behalf of Mindful Synchrony are expected to protect that data by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

This Policy applies to all Mindful Synchrony’s operating divisions, subsidiaries, affiliates, and branches and any additional subsidiary, affiliate, or branch of Mindful Synchrony that we may subsequently form.

3. TRANSPARENCY/NOTICE—TYPES of Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Mindful Synchrony and the requirements of applicable law. Some of the ways that Mindful Synchrony may collect Personal Information include:

  • You may provide Personal Information directly to Mindful Synchrony through interacting with the Services, participating in surveys, during events and requesting Services, or information.

  • As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

3.1 Types of Personal Information We Collect

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. Mindful Synchrony collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, guests, mentors and Employees (collectively " Individuals"), including

  • Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as registering for an Account with Mindful Synchrony, being a Mentor, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide certain Personal Information that can be used to identify you, such as your name, gender, email address, postal address and phone number.

  • If you create an Account using your login credentials from your Facebook or Google account, we'll be able to access and collect your name, email address, profile photo and other Personal Information that the privacy settings on your Facebook or Google account permit us to access. If you create an Account through your Facebook or Google account, we may also collect your gender, age or date of birth, zip code and other information.

  • Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for Mindful Synchrony’s newsletter or a loyalty program that we may offer from time to time, request to receive customer or technical support, or otherwise communicate with us.

  • Surveys. From time to time, we may contact you to participate in online, phone, or in-person surveys or interviews. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.

  • Posting on the Site. Mindful Synchrony may offer publicly accessible pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself in on Mindful Synchrony’s pages, blogs, private messages, and community forums, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered "public" and will not be subject to the privacy protections set forth herein.

  • Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

  • Information Submitted Via Services. You agree that Mindful Synchrony is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Mindful Synchrony will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

  • Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as an App Store or SNS, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to Mindful Synchrony and to enhance our ability to provide you with information about our business, products, and Services.

3.2 How Mindful Synchrony Uses Your Information

We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:

  • To Provide Products, Services, or Information Requested. Mindful Synchrony may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:

    • Generally manage Individual information and Accounts;

    • Respond to questions, comments, and other requests;

    • Provide access to certain areas, functionalities, and features of Mindful Synchrony’s Services;

    • Contact you to answer requests for customer support or technical support;

    • Allow you to register for events.

  • Administrative Purposes. Mindful Synchrony may use Personal Information about you for its administrative purposes, including to:

    • Measure interest in Mindful Synchrony’s Services;

    • Develop new products and Services;

    • Ensure internal quality control;

    • Verify Individual identity;

    • Communicate about Individual Accounts and activities on Mindful Synchrony’s Services and systems, and, in Mindful Synchrony’s discretion, changes to any Mindful Synchrony policy;

    • Send email to the email address you provide to us to verify your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance;

    • Process payment for products or services purchased;

    • Process applications and transactions;

    • Prevent potentially prohibited or illegal activities;

    • Enforce our Terms.

  • Marketing Mindful Synchrony Products and Services. Mindful Synchrony may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Mindful Synchrony may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:

  •  

    • To tailor content, advertisements, and offers;

    • To notify you about offers, products, and services that may be of interest to you;

    • To provide Services to you and our sponsors;

    • For other purposes disclosed at the time that Individuals provide Personal Information; or

    • Otherwise with your consent.

You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.

  • Research and Development. Mindful Synchrony may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Mindful Synchrony may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

  • Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Mindful Synchrony’s or our business partners' products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.

  • Services via Mobile Devices. Mindful Synchrony may provide Services that are specifically designed to be compatible and used on mobile devices. Mindful Synchrony will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of Mindful Synchrony’s Services may require that users log in with an Account. In such cases, information about use of mobile versions of the Services may be associated with Accounts. In addition, Mindful Synchrony may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Mindful Synchrony to enable Individuals to access Accounts and to enable Mindful Synchrony to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Mindful Synchrony may use personal or non-identifiable information transmitted to Mindful Synchrony to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Mindful Synchrony provides.

  • Anonymous and Aggregated Information Use. Mindful Synchrony may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Mindful Synchrony's Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Mindful Synchrony may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Mindful Synchrony and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

  • Sharing Content with Friends or Colleagues. You may provide Mindful Synchrony access to your contacts and provide information about your friends through our referral services, such as "Gifts." Our referral services may allow you to forward or share certain content with a friend, such as an email inviting your friend to use our Services or view certain content on the Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Mindful Synchrony or any other Third Parties for any other purpose.

  • Other Uses. Mindful Synchrony may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

3. 3 Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

We, as well as Third Parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (" Technologies") to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a " device") that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.

  • Cookies. Cookies are small text files placed in visitors' computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

  • Social Media Buttons or Widgets: Our Website includes social media features such as the Facebook "Like" button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

  • Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit google.com/policies/privacy/partners/. You can opt out of Google's collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

  • Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;

  • Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;

  • Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

  • Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

3. 4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS

The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Mindful Synchrony does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, currentScreen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Mindful Synchrony's Services may include publicly accessible blogs, community forums, or private messaging features. The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

We use Third-Party software development kits (" SDKs") or APIs, as part of the functionality of our Services. Third-Party SDKs may allow Third Parties including advertisers to collect your personal information to provide content that is more relevant to you.

3. 5 Third-Party Payment Processing

When you make purchases through the Services, we process your payments through a Third-Party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, " App Stores") and Social Networking Sites (" SNS") such as Facebook. The Third-Party application may collect certain financial information from you to process a payment on behalf of Mindful Synchrony, including your name, email address, address and other billing information.

4. Human Resources Data

Mindful Synchrony collects Personal Information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (" Human Resources Data"). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver's license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.

We acquire, hold, use and Process Human Resources Data for a variety of business purposes including:

  • Workflow management, including assigning, managing and administering projects;

  • Human Resources administration and communication;

  • Payroll and the provision of benefits;

  • Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs;

  • Job grading activities;

  • Performance and employee development management;

  • Organizational development and succession planning;

  • Benefits and personnel administration;

  • Absence management;

  • Helpdesk and IT support services;

  • Regulatory compliance;

  • Internal and/or external or governmental compliance investigations;

  • Internal or external audits;

  • Litigation evaluation, prosecution, and defense;

  • Diversity and inclusion initiatives;

  • Restructuring and relocation;

  • Emergency contacts and services;

  • Employee safety;

  • Compliance with statutory requirements;

  • Processing of Employee expenses and travel charges; and

  • Acquisitions, divestitures, and integrations

5. Onward Transfer—Mindful Synchrony May Disclose Your Information

5. 1 Information We Share

We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

  • We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Mindful Synchrony has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

  • Business Partners. Mindful Synchrony may share Personal Information with our business partners, and affiliates for our and our affiliates' internal business purposes or to provide you with a product or service that you have requested. Mindful Synchrony may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner's name will appear, along with Mindful Synchrony. Mindful Synchrony requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Mindful Synchrony provided them.

  • Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

  • Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, Mindful Synchrony may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non- Mindful Synchrony related websites within their networks. This practice is commonly referred to as "interest-based advertising" or "online behavioral advertising. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 6 below.

  • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours', ours' or others' rights, property, or safety; (iv) to enforce Mindful Synchrony policies or contracts; (v) to collect amounts owed to Mindful Synchrony; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Mindful Synchrony will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

5. 2 INTERNATIONAL Data Transfers

You agree that all Personal Information collected via or by Mindful Synchrony may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Mindful Synchrony, you explicitly consent to the storage of your Personal Information in these locations.

6. Opt-Out (RIGHT TO OBJECT TO PROCESSING)

6. 1 General

You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to Mindful Synchrony’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting admin@mindfulsynchronyt.com. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Sites and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

6. 2 Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Mindful Synchrony and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

6. 3 Mobile devices

Mindful Synchrony may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. Mindful Synchrony may also collect location-based information if you use our mobile applications. You may opt out of this collection by changing the settings on your mobile device.

6. 4 Human Resources Data

With regard to Personal Information that Mindful Synchrony receives in connection with the employment relationship, Mindful Synchrony will use such Personal Information only for employment-related purposes as more fully described above. If Mindful Synchrony intends to use this Personal Information for any other purpose, Mindful Synchrony will notify the Individual and provide an opportunity to opt out of such uses.

6. 5 Cookies and Interest-Based Advertising

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners' use of this information for interest-based advertising purposes.

7. Rights of Access, Rectification, Erasure, and Restriction

You may inquire as to whether Mindful Synchrony is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to admin@mindfulsynchrony.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by Mindful Synchrony. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with local laws.

Although Mindful Synchrony makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Mindful Synchrony is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy in the case in question or where it is commercially proprietary. If Mindful Synchrony determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Mindful Synchrony will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

8. Data Retention

Mindful Synchrony retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

9. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

10. International Users

By using the Site, Mindful Synchrony will transfer data to the United States and globally.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.

11. Children's Privacy

The Services are not directed to children under 18 years of age, and Mindful Synchrony does not knowingly collect Personally Identifiable Information from children under 18 years of age. If you learn that your child has provided us with Personal Information without your consent, you may alert us at help@mindfulsynchrony.com. If we learn that we have collected any Personal Information from children under 18 years old, we will promptly take steps to delete such information and terminate the child's Account.

12. Redress/Compliance and Accountability

If you have any questions about our privacy practices, this Privacy Policy, or how to lodge a complaint with the appropriate authority, please contact Mindful Synchrony by email at help@mindfulsynchrony.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

13. Other Rights and Important Information

13. 1 Changes To Our Privacy Policy and Practices

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

  • Revision to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.

  • Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, Mindful Synchrony will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

  • New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Mindful Synchrony will endeavor to comply with the law or contract.

14. Definitions

The following capitalized terms shall have the meanings herein as set forth below.

  • " Agent" means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Simple Habit or to which Simple Habit discloses Personal Information for use on its behalf.

  • " Employee" refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Simple Habit or its subsidiaries worldwide.

  • " Personal Information" is any information relating to an identified or identifiable natural person (" Individual").

  • " Process" or " Processing" means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  • " Sensitive Data" or " Sensitive Personal Information" is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a "Special Category of Personal Data" under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual's sex life; or (8) information relating to the commission of a criminal offense.

  • " Third Party" is any company, natural or legal person, public authority, agency, or body other than the Individual, Simple Habit or Mindful Synchrony 's Agents.

15. Revision history

Mindful Synchrony Privacy Policy                    Effective: June 3rd 2019