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(973) 440-8430 By Appointment Only 1 Bellevue Plaza, Suite 6, Upper Montclair, NJ 07043

PRIVACY POLICY OF MBX –THE MIND & BODY EXPERIENCE

This Privacy Policy of MBX (the “Policy”) is hereby made effective as of January 1, 2018, by MBX –The Mind & Body Experience, LLC., a New Jersey Limited Liability Corporation (“MBX” or “We”), and, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of MBX (“MBX”), hereby amend and restate any such prior privacy policy.

By using or accessing MBX, you thereby (i) agree and acknowledge that you have read and understood this Policy, and (ii) acknowledge and consent to the learning, collection and use of your Personal Information (as hereinafter defined) as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing MBX.

General

When you open an account with MBX and use the MBX application, you will provide certain information to The Mind & Body Experience, LLC and, during your association with MBX, The Mind & Body Experience, LLC will learn, collect and use certain additional information about you for various purposes, as more fully set forth in this Policy. Even though The Mind & Body Experience, LLC will learn, collect and use information about you, The Mind & Body Experience, LLC will not lease, sell, share or otherwise provide your Personal Information (as hereinafter defined) to any third party without your consent, except as provided herein.

What We Learn, Collect and Use

Beginning when you register for MBX, The Mind & Body Experience, LLC will learn, collect and use certain personal data and information about you and, as you use MBX will continue to learn, collect and use additional personal data and information (all such personal data and information is collectively referred to herein as, “Personal Information”). By providing The Mind & Body Experience, LLC with this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by The Mind & Body Experience, LLC, as described in our Terms and Conditions and in this Policy.

Information Collected Upon Registration. In order to become a user of MBX, you must provide us with Personal Information, including, without limitation, name, email address, and, for any subscription account, billing and credit card information. Without providing Personal Information, you cannot create an MBX account. At the time of registration or when you choose to use certain MBX services, The Mind & Body Experience, LLC may collect certain other Personal Information from you including, without limitation, demographic information, such as location, age or gender. The Mind & Body Experience, LLC may request or collect Personal Information from you during any registration process which The Mind & Body Experience, LLC may use to provide or improve MBX or may use as is otherwise provided herein. The Mind & Body Experience, LLC may store Personal Information, and it may be included in databases owned and maintained by The Mind & Body Experience, LLC’s affiliates, agents or service providers.

Information Collected While Using MBX. When you use and interact with MBX, The Mind & Body Experience, LLC also receives and stores additional Personal Information, which information may or may not be personally identifying information. Such information includes, without limitation, your internet protocol address, browser types, domain name, and other statistical data involving your use of MBX and/or our services. Such information is collected passively using various technologies or may be provided by you through communications with MBX or The Mind & Body Experience, LLC.

Information Collected By The Mind & Body Experience, LLC’s Use of “Cookies.” A cookie is a piece of information that MBX gives to your computer when you access MBX. Cookies are used by The Mind & Body Experience, LLC to track your usage of MBX, trends on the usage of MBX and to improve MBX and analyze and assess changes to, successes and failures of MBX and portions thereof.

For security purposes and to ensure the availability of MBX, The Mind & Body Experience, LLC also uses software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to MBX or The Mind & Body Experience, LLC.

Based on how the internet operates, when you visit MBX we automatically receive the uniform resource locator of the prior webpage that you were on and of the webpage where you go after MBX. The Mind & Body Experience, LLC also receives the internet protocol address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on MBX and other information related to your visit to MBX.

Information Provided Voluntarily When Interacting with Support. The Mind & Body Experience, LLC also collects information when you interact with MBX’s customer service in order to assist you and to improve the operation of MBX. This includes any interactions with our team via our support site, chat support, email, our support forum and documentation, and our blog. Information shared with support may include personal information, such as your name, email address, credit card information (e.g. name on credit card, last four digits of credit card number or expiration date), an entrant or subscriber’s name/email address, etc.

Information You Collect In MBX Lists and display in MBX Campaigns and Emails. Upon the creation of a collection of data within your MBX lists, the uploading of a new list to MBX, or the creation of an email, The Mind & Body Experience, LLC has access to the data on those lists, and the information in those emails and on those campaigns.

Campaign and Email Analytics Information. When you use MBX to send emails, we track information about who has opened the emails and clicked the links. This is done through the use of a tracking pixel that is automatically inserted into the emails that are sent. Specifically, we collect what email addresses have opened the email, when they opened it, how many times they opened it, what link(s) they clicked on, when they clicked on the link, and how many times they clicked the links. This information is used to allow you (the MBX user) to evaluate performance of the emails you send.

How We Use Your Personal Information

The Mind & Body Experience, LLC uses your Personal Information in connection with the operation, development and improvement of MBX, the operation and billing of your MBX account, and for other uses consistent with this Policy. The Mind & Body Experience, LLC may use your Personal Information for any internal purpose, including, without limitation the development and operation of MBX and the development of additional services and products by The Mind & Body Experience, LLC or its affiliates, and to communicate with you regarding MBX, your account, updates to our services (such as temporary outages or permanent changes), product releases, or other services or products offered by The Mind & Body Experience, LLC. Regarding billing and payment, Personal Information you provide to The Mind & Body Experience, LLC will be used to send billing-related notices via email. When contacting The Mind & Body Experience, LLC for customer support, in order to answer your questions, The Mind & Body Experience, LLC may use your personal information, such as email address, name and billing information; and other account-related data. Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from The Mind & Body Experience, LLC, including data, internet, cellular carrier or other similar fees.

The Mind & Body Experience, LLC recognizes the importance of the privacy of its users and does not lease, sell, share or otherwise provide Personal Information to third parties, except as provided herein. The Mind & Body Experience, LLC will not disclose or provide your Personal Information to any third party except:

  • as otherwise described in this Policy;
  • as otherwise required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
  • as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
  • for any internal purpose of The Mind & Body Experience, LLC, including, without limitation, to manage your MBX account, subscription and other billing purposes, to respond to your inquiries, to allow outside vendors to perform services required by MBX, and to otherwise manage and operate MBX and develop new services and products;
  • as reasonably necessary to enforce the Terms and Conditions of Service and Use of MBX.com (the “Terms and Conditions”);
  • as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or as reasonably necessary to protect the rights and property of The Mind & Body Experience, LLC or its officers, directors, shareholders, employees or agents.
  • The Mind & Body Experience, LLC may provide aggregated anonymous data about the usage of MBX to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.

You acknowledge that any information that you provide to MBX to develop your Facebook page will be publicly displayed on your Facebook page when you elect to post and display such information there.

The Mind & Body Experience, LLC may post, email and use any testimonials that you have provided about MBX, and The Mind & Body Experience, LLC may post and email examples of content you have created through MBX, in connection with the marketing and promotion of MBX. Testimonials and other marketing, promotions and advertisements may include obfuscated Personal Information (such as first name and general location) that you have provided to The Mind & Body Experience, LLC. Furthermore, Personal Information you provide to The Mind & Body Experience, LLC may be used to send you information, advertisements and promotional material via email. You are able to unsubscribe from these emails via the “unsubscribe” link at the bottom of each email communication.

The Mind & Body Experience, LLC may also disclose your Personal Information to a third party as part of a sale of the assets of The Mind & Body Experience, LLC, as the result of a change in control of the company, or in connection with an investment in The Mind & Body Experience, LLC by a third party. Any third party to which The Mind & Body Experience, LLC transfers or sells The Mind & Body Experience, LLC’s assets will have the right to continue to use your Personal Information.

User Collected Information

Among other functions of MBX, you may create a webpage that collects certain information from customers and other persons that visit your webpage. Should you create any webpage or form that collects personal information or other information related to any person or party visiting that page (“User Collected Information”), you represent and warrant to The Mind & Body Experience, LLC that any and all User Collected Information has been collected in accordance with any applicable laws, rules or regulation and not in violation of any privacy or similar rights of such persons or parties. As a part of MBX, The Mind & Body Experience, LLC may store such User Collected Information, but asserts, and you hereby agree and acknowledge, that The Mind & Body Experience, LLC has no right, title or interest in or to such information, has not participated or been involved in any such collection, and has no responsibility or obligation with respect to the legal compliance of your collection practices with respect to such information. The Mind & Body Experience, LLC will retain User Collected Information we process for our users until the MBX user deletes the User Collected Information, deletes their account, as long as necessary to execute MBX-related services. However,  The Mind & Body Experience, LLC may disclose any User Collected Information in the same manner, and under the same circumstances, as any Personal Information may be disclosed. You hereby indemnify and hold harmless The Mind & Body Experience, LLC, and all of its officers, directors, shareholders, employees and agents, with respect to any claim, suit or liability (including attorney’s fees and related costs), arising from your User Collected Information.

Your Lists. Lists can be created on your MBX account for email marketing, contests, and other reasons. The data can be collected through MBX forms, data imports of lists you have collected elsewhere, data imported via MBX Feeds or the Import Likes/Comments features. Your MBX lists are stored on secure The Mind & Body Experience, LLC servers. Only authorized The Mind & Body Experience, LLC employees may access your lists. The Mind & Body Experience, LLC employees will not access your lists, except in the event that you contact us for support purposes, or someone on your list contacts us. In the event someone on your lists contacts us, we will make an attempt to contact you, in addition to contacting that individual. On all of our paid plans, you can export/download your list at any time. On our Free Plan, you can reach out to info@mbxfit.com for a one-time export of your list. The Mind & Body Experience, LLC will only use and disclose data on your lists for reasons discussed in this Policy. If abusive or illegal behavior is found in relation to your list, then we may share your lists or portions of the list with anti-spam organizations or affected ISPs.

If you are subscribed to the list of a MBX user. If you are subscribed to the list of a MBX user and you wish to update your personal information or you wish to no longer receive emails from them, please unsubscribe from the user’s list by clicking the “Unsubscribe” link at the bottom of an email they sent to you, or contact the MBX user directly with your request. By contacting The Mind & Body Experience, LLC via email at info@mbxfit.com., we will first reach out to the MBX user with notice of your request and a request that they remove your information within a reasonable time. Failing such action by the MBX user, The Mind & Body Experience, LLC will remove or update your personal information within a reasonable time. Similarly, you may request access to the information held by a specific MBX user on you through The Mind & Body Experience, LLC by emailing info@mbxfit.com.

Compliance

Accuracy and Access of Your Personal Information. You have a right to access, modify, correct and request that The Mind & Body Experience, LLC internally delete any Personal Information provided to or obtained by MBX or The Mind & Body Experience, LLC. If you update, modify or correct any Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. You may update, modify or correct your Personal Information via your account Preferences. Alternatively, you may contact info@mbxfit.com for updates, modifications and corrections to your Personal Information, or to request access to your Personal Information.

Retention of Your Personal Information. You may request internal deletion of your Personal Information at any time by contacting The Mind & Body Experience, LLC in the manner provided on MBX. The Mind & Body Experience, LLC will endeavor to respond to your request in a timely manner. Please note, however that Personal Information you have published on Facebook may remain available even if you request that such information be internally deleted by The Mind & Body Experience, LLC. Once a request to delete a MBX user’s Personal Information is received, it will be removed from our servers within 60 days. You may delete your account within the Account Preference section of your MBX account. Alternatively, you may contact info@mbxfit.com to delete your account.

Protection of Your Personal Information. Any Personal Information that you provide to The Mind & Body Experience, LLC will be protected in a commercially reasonable manner.

Notice of Breach of Security. In the event of a security breach that affects you or the individuals on your MBX lists, The Mind & Body Experience, LLC will notify you as soon as possible on both the nature of the breach and the actions taken to address it.

Transmission and Storage of Data

The Mind & Body Experience, LLC respects individual privacy and values the confidence of its customers, employees, consumers, business partners and others. The EU-US Privacy Shield is the agreed upon system between the European Commission and the United States for handling transatlantic data flows. Included in the EU-US Privacy Shield are vigorous standards that must be met by companies handling Europeans’ personal data, along with tough enforcement of these standards. U.S. companies, such as The Mind & Body Experience, LLC, importing personal data from European countries are required to commit to robust obligations on how personal data is processed and individual rights are guaranteed. The Mind & Body Experience, LLC pledges its commitment to meeting the standards put in place by the US Privacy Shield. Companies who publish their commitments to the US Privacy Shield will be under the scrutiny of the Department of Commerce, as the act of publishing a commitment makes it enforceable under U.S. law by the US. Federal Trade Commission. 

Privacy Shield

The Mind & Body Experience, LLC complies with the U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information.  The Mind & Body Experience, LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, The Mind & Body Experience, LLC commits to resolve complaints about our collection or use of your personal information. 

The Mind & Body Experience, LLC has further committed to refer unresolved Privacy Shield complaints to American Arbitration Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit www.adr.org for more information or to file a complaint. The services of dispute resolutions are provided at no cost to you. Each individual has, under certain conditions, the possibility to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. The following link to the Privacy Shield Annex I contains additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

In compliance with the Privacy Shield, The Mind & Body Experience, LLC shall not be held liable for third-party service providers processing personal information in violation of Privacy Shield Principles, unless it is proven that The Mind & Body Experience, LLC is solely responsible for the third-party service providers’ action in violation of the Principles.

To opt-out of the disclosure of personal information to third-parties, please email info@mbxfit.com. Furthermore, if you wish to opt-out of the use of your personal information for purposes different from those for which the personal information was originally collected or subsequently authorized, please email info@mbxfit.com.

Miscellaneous

The Mind & Body Experience, LLC reserves the right to amend, restate or otherwise modify this Policy at any time without notice to you. As a user of MBX you are required, and hereby agree, to review the Policy frequently. Should The Mind & Body Experience, LLC elect to amend, restate or otherwise modify this Policy in a material manner, The Mind & Body Experience, LLC will post a notice of such material amendment, restatement or modification on MBX so that you may review the changes to the Policy. If you object to any such changes to the Policy, you may, as your sole right and remedy, close your MBX account. By continuing to use MBX after such notice has been posted on MBX.com, you thereby consent to any such changes to the Policy and agree to be bound by the then current version of this Policy.

In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.

Any claim under this Policy or otherwise related to MBX or The Mind & Body Experience, LLC shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Washoe County, Nevada. You agree to submit to the personal jurisdiction of the courts located within Washoe County, Nevada, for the purpose of litigating all such claims.

If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.

Contact for Questions and Requests

Any questions or comments on this Policy or the privacy practices of The Mind & Body Experience, LLC or MBX should be directed to info@mbxfit.com. If you wish to update, access or delete any of your Personal Information held by The Mind & Body Experience, LLC or a MBX user, please email info@mbxfit.com.

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