TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF MAY 25, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (TOS) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Science for Health & Energy, Inc, also known as SHE located at 119 Bevel Lane, Mount Jackson, Virginia, 22842, and our subsidiaries affiliates and related partners, and our association with and the use of the The Mindfulness Center (TMC) website (themindfulnesscenter.org), and any and all associated subdomains, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site has the following description: SOMA, The Science of Mindful Awareness: Meditation Teacher Training Online, Presented by The Mindfulness Center, Featuring Deborah Norris, Ph.D.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Science for Health & Energy, Inc. (SHE), and are presented by TMC. At its discretion, SHE/TMC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. SHE/TMC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that SHE/TMC shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such SHE/TMC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by The Mindfulness Center Online Privacy Policy (see below). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by SHE/TMC and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations. You state that you:
a) Are not on the list of prohibited individuals, which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government, which may be part of an export-prohibited country, identified in applicable export and import laws and regulations;
b) Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) Agree not to post, transfer nor upload any software, technology or any other technical data, which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
SHE/TMC may lay claim toThe user will maintain ownership of anythe content submitted by any visitor or user, andplaced on the Site. However, SHE/TMC may make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for SHE/TMC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the SHE/TMC sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be perpetual, and shall not terminate at such time that you elect to discontinue your membership unless and however you may choose to be forgotten. In such a case, you may notify TMC administrators in writing that you choose to have any and all content (or portions of content) that you submitted or made available for inclusion on the SHE/TMC site removed from the site. TMC and its administrators will remove such content as you specify within 30 days of receipt of your written request. Should you choose to remove content placed on the site prior to receiving certification of course completion, this may preclude you from demonstratingwill be responsible to arrange with SHE/TMC an acceptable way to demonstrate that you completed all course completion, and may preclude TMC fromrequirements prior to TMC issuing you a Certificate of Completion.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the of SHE/TMC sites, the perpetual license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services unless and until you request otherwise in writing. You have the right to have identifying information such as your name and/or photos, audio, video and/or graphics submitted or made available removed from the site, and may do so by notifying TMC admiistratorsadministrators in writing. Content you specify will be removed within 30 days of receipt of your written request.
c) For any other content submitted or made available for inclusion on the SHE/TMC sites, the continuous, binding and completely sub-licensable perpetual license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed unless and until you request otherwise in writing. You have the right to have any other content submitted or made available for includion theinclusion into the SHE/TMC sites submitted removed from the site, and may do so by notifying TMC admiistratorsadministrators in writing. Content you specify will be removed within 30 days of receipt of your written request.
CONTRIBUTIONS TO COMPANY WEBSITE
SHE/TMC provides an area for our users to contribute feedback to our website. When you submit ideas, documentswritings, suggestions and/or proposals (“Contributions”) to our site, (through the Community Board or uploaded to the Site), you acknowledge and agree that:
a) your contributions do not contain any type of confidential Personal Data or proprietary information;
b) SHE/TMC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) SHE/TMC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of SHE/TMC ; and
e) SHE/TMC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold SHE/TMC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of SHE/TMC or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SHE/TMC sites.
PROHIBITED ACTIVITIES
In connection with your use of the Services, you acknowledge and agree that you will not:
a) Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or distribute any information, software, products or services obtained through the Site;
b) Access the Service by any means other than through the standard industry provided interfaces;
c) Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d) Impersonate any person or entity, including but without limitation, a SHE/TMC official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e) Post or transmit any material that contains a virus or corrupted data;
f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters," "pyramid schemes" or any other form of solicitation or any resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party, if you are not expressly authorized by such party to do so;
l) Gain or attempt to gain unauthorized access to the Services, accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; and
m) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
MODIFICATIONS
SHE/TMC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that SHE/TMC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either SHE/TMC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that SHE/TMC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that SHE/TMC Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content that may be contained in any advertisements or information presented by and through our Services or by advertisers, is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by SHE/TMC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on SHE/TMC Content or Software, in whole or part.
SHE/TMC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface, which is provided by SHE/TMC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SHE/TMC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. our ServicesOUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SHE/TMC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SHE/TMC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (iI) SHE/TMC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (iiII) SHE/TMC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iiiIII) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SHE/TMC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (ivIV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vV) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SHE/TMC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SHE/TMC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SHE/TMC AND OUR subsidiaries, affiliatesSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) THE UPLOADING OF ANY MATERIALS OR INFORMATION;
f) and any OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release SHE/TMC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
NOTICE
SHE/TMC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the SHE/TMC trademarks, copyright, trade name, service marks, and other SHE/TMC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of SHE and TMC respectively. You herein agree not to display and/or use in any manner SHE/TMC logo or marks without obtaining SHE/TMC prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
SHE/TMC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, SHE/TMC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual who is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf. SHE/TMC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
SHE/TMC Attn: Copyright Agent
Suite 100
4963 Elm Street
Bethesda, Maryland, 20814
Email: TheMindfulnesscenter@gmail.com
GENERAL PROVISIONS:
This TOS constitutes the entire agreement between you and SHE/TMC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to SHE/TMC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other SHE/TMC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and SHE/TMC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and SHE/TMC, shall be filed within the courts having jurisdiction within the County of Montgomery, Maryland or the U.S. District Court located in said state. You and SHE/TMC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive Any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should SHE/TMC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, (unless such statutes or laws do not allow waivers), any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to SHE/TMC as follows:
Mailing Address:
The Mindfulness Center
Suite 100
4963 Elm Street
Bethesda, Maryland 20814
Telephone: 301-986-1090
Email: TheMindfulnessCenter@gmail.com
Email: TheMindfulnessCenter@gmail.com
PRIVACY POLICY
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE WHO VISIT our websiteOR UTILIZE OUR WEBSITE, BLOG, OR APP?
When ordering or registering on our site, as appropriate, you will be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
WHEN DO WE COLLECT INFORMATION?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.
Important Note: Users of our Services should not use end-customer personal data (e.g. actual or “live” end-customer data) when making audio recordings or other content required for completion of the course. Industry practice is to use “dummy data” that does not refer to actual people. Please also do not provide us with any sensitive personal data when making recordings or uploading other content. For example, do not provide personal health information or personal financial information (except for limited financial data when purchasing the service as set forth above). If this type of data is necessary to make your prototype “come alive”, use dummy data instead.
HOW DO WE USE YOUR INFORMATION?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with you after correspondence (live chat, email or phone inquiries)
WHAT RIGHTS AND CHOICES DO YOU HAVE REGARDING YOUR PERSONAL DATA?
"Personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Accessing, Correcting, and Deleting Your Personal Data and Other Data Subject Rights”
You have certain rights with respect to your Personal Data, and we want to help you review and update your information to ensure it is accurate and up-to-date. We may limit or reject your request in certain cases, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, if it is not required by law, or if the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question. In some cases, we may also need you to provide us with additional information, which may include Personal Data, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days.
If you are a TMC Account holder, you can accomplish most of the following by logging into your User Account or, for those using enterprise accounts, by contacting your account administrator. You can also contact us directly at TheMindfulnessCenter@gmail.com if you have any additional requests or questions:
For the following, please email us at TheMindfulnessCenter@gmail.com:
You also have the right to lodge a complaint about The Mindfulness Center’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Closing Your Account
CLOSING YOUR ACCOUNT
You may close an account, and upon termination of your User Account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, SHE/TMC may nevertheless retain your Personal Data to protect the business interests of The Mindfulness Center, The Mindfulness Center Affiliates, vendors, and other users, and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.
California Privacy Rights
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Data that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Data that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by The Mindfulness Center pursuant to Section 1798.83 of the California Civil Code, please contact as set forth above.
ENFORCEMENT AND RECOURSE
We take our privacy commitments very seriously. We will conduct internal audits of our compliance with this Privacy Policy, and work to ensure that our employees and service providers also adhere to the Privacy Policy. If you have any questions or concerns regarding privacy related to the Service, please send us a detailed message to TheMindfulnessCenter@gmail.com, and we will try to resolve your concerns.
Privacy Shield Inquiries
PRIVACY SHIELD INQUIRIES
We also commit to resolve complaints about your privacy and our collection or use of Personal Data transferred from the EU to the U.S. in compliance with the Privacy Shield Principles where applicable and have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the U.S. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may contact or visit JAMS by visiting www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for residual claims about whether we have violated our obligations to you under the Privacy Shield, and if that violation remains fully or partially un-remedied.
CHANGES TO THE PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, you will be notified via email (if you have an account where we have your contact information) or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may include posting a new privacy policy on our Website—or a specific announcement on this page or on our blog). Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting) or on the Effective Date set forth in the modified Privacy Policy. In all cases, your continued use of the Service or Website after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
CHILDREN
Our Service is not intended for children under the age of 13 (16 in the EU), and therefore, The Mindfulness Center does not knowingly acquire or receive Personal Data from children under the age of 13 (16 in the EU). If we later learn that any user of our Service is under the age of 13 (16 in the EU), we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.
DO WE USE ‘COOKIES’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
WE USE COOKIES TO:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
THIRD-PARTY DISCLOSURE
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
THIRD-PARTY LINKS
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have or may at various times implement the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
OPTINGOUT:
Users can set preferences for how Google advertises to you using the Google AdSettings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
YOUWILL BE NOTIFIED OF ANY PRIVACY POLICY CHANGES:
• On our Privacy Policy Page
YOU CAN CHANGE YOUR PERSONAL INFORMATION:
• By emailing us
• By logging in to your account
DOES OUR SITE ALLOW THIRD-PARTY BEHAVIORAL TRACKING?
It’s important to note that we allow third-party behavioral tracking.
COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
FAIR INFORMATION PRACTICES
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify you via email within one (1) business day. We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN-SPAM ACT
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information,; respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CAN SPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
WHAT IF YOU HAVE QUESTIONS REGARDING YOUR PERSONAL DATA?
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at TheMindfulnessCenter@gmail.com or by mail at:
The Mindfulness Center
Suite 100
4963 Elm Street
Bethesda, Maryland 20814
USA
TheMindfulnessCenter.org