Mindset Privacy Policy

Mindset Holdings Inc and Mindset Health Pty Ltd (both together as “we”) are committed to protecting and respecting your privacy. This Privacy Policy (“Policy”) (together with our Terms and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us and how you can get access to this information. If in doubt, the primary governing law of this policy is that of the state of Victoria, Australia.

1. Purpose of this Policy

Mindset Health provides you (the “User”) with access to the online and mobile services associated with Mindset, including but not limited to, mindsethealth.com and all associated subdomains (the “Website”), and the Mindset & Nerva mobile applications (the “App”), collectively the “System”.

Our privacy policy is written to be compliant with numerous national and international laws and frameworks, including (but not limited to) HIPAA , GDPR , and the EU-US Privacy Shield .

2. Processing your data

What is the purpose of our processing?

We process your data in order to provide program of personalized tools for managing worry and anxiety (and to support the delivery of that program).

What is our legal basis for processing?

We require consent from all users before processing their data. This consent can be withdrawn at any time. To request deletion of data, please send an email to hello@mindsethealth.com from the email associated with the data you wish to delete.

What data do we collect?

Personal information

We collect and use information like your name, email address, and phone number to personalize the course and communicate with you. You're able to opt out of any external communications (i.e., email and SMS message) at any time.

Health information

We collect information about your worry and anxiety (including, but not limited to, self-reported symptoms or difficulties associated with  worry, anxiety, mood, sleep, and stress) in order to personalize our program.

We may collect information about pre-existing medical conditions in order to ensure the safety of the worry and anxiety  management program we provide.

We also collect general information about your mental and physical wellbeing in order to evaluate progress against your self-defined goals.

Electronic identifiers

We may collection information about the devices you use to access the System, including (but not limited to) IP address, mobile device UDID and IMEI numbers, operating system, browser type, and screen size. This information is used to provide you with customer support, for system administration, to tailor your experience of the System, to report aggregate information internally, and to assist communication (e.g., push notifications).

Cookies

We may store cookies (small text files managed by your web browser) on your computer in order to improve your experience with the System. Example uses of these cookies include: recognizing you when you return to the System, maintaining data you've entered across multiple sessions, and storing information about your personal preferences.

You may refuse to accept cookies by changing the settings on your device to prevent cookies from being set. However, if you select this setting you may be unable to access certain parts of the System. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you visit the System.

Non-identifiable information

We may include your data in aggregated data sets shared with our research partners. In these sets, your data is not personally identifiable, and would be used for supporting generalized statements (e.g., "women ages 35-40  working in non-office jobs have the highest levels of worry ").

3. Who has access to that data?

Mindset Health understands that your identifiable health information is private and personal and is dedicated to maintaining its confidentiality and integrity. As such, we will never sell or rent it, and we have policies, procedures, and other safeguards to help protect it from improper use and disclosure.

We follow a Minimum Necessary Access Policy so any required disclosure of your identifiable health information is minimized. The following categories describe the ways in which we use your identifiable health information and the rare instances that require us to disclose it to persons and entities outside of Big Health. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that may require your specific authorization.

Mindset Health does not disclose Personal Information to third parties for any purpose materially different from the purpose(s) for which it was originally collected.

Disclosure at your request

We may disclose information relating to your use of the System when requested by you. This disclosure at your request may require written authorization by you.

Payment

We do not store credit card or customer details with any 3rd parties except trusted suppliers who help us deliver the services associated with the System and we are committed to ensuring that all suppliers meet our security and data protection standards. As such, we may use and disclose your identifiable health information to obtain payment for services that we provide to you. For example, we may make disclosures to claim and obtain payment from your health insurer, HMO, or other company that arranges or pays the cost of some or all of your use of the System (“Your Payor”) or to verify that Your Payor will pay for health care.

Services and Operations

We may use and disclose your identifiable health information in connection with providing services, for our internal operations, which include administration, eligibility, planning, analytics and various activities that assess and improve the quality and cost effectiveness of the service that we deliver to you. Examples are using information about you to improve quality of the service, satisfaction surveys, de-identifying health information, customer services and internal training. To the extent you receive access to our Website and App through your employer or your health plan, our services may include supporting, and sharing information with, your employer’s wellness program, your health plan or third-party administrator or other similar programs. Possible information to be shared may include participation data (i.e. the fact that you used Mindset), milestone data (e.g. number of sessions you complete or how many times you practice the techniques) to allow you to earn incentives and rewards (if those are offered as part of your wellness program), as well as data from your initial self-report of worry and anxiety. Information that identifies you as an individual will not be shared with your employer.

Emails

We may receive a confirmation when you open an email from us, or click on a link in an email, if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful. When you receive an email from us, you can opt out of receiving further emails by following the included instructions to unsubscribe. However, by opting out of further email communications after you sign up, you may limit program reminders and other valuable program content and components.

Reminders and notifications

We may use and disclose your identifiable health information to contact you as a reminder to interact with, or complete tasks relating to your use of the System. You may make changes to the format and frequency of these reminders, or cancel these reminders and/or notifications by logging into your Mindset account in the App, and/or by accessing the native notification settings on your mobile device when using the App.

Third party service providers

There are some services provided in our organization through third party services providers. Examples of third party services providers include accounting services, server hosting and email delivery providers, business associates, vendors and other business partners and reputable companies in the industry who subcontract to us or to those of your employer as our corporate customers, where permitted by law. We may disclose your identifiable health information to our third party services providers so that they can perform the job that is required of them. To protect your identifiable health information, we require appropriate contracts or written agreements be in place that safeguard your identifiable health information.

Third party medical professionals

With your explicit permission, we may share your identifiable health information with third party medical professionals nominated by you.

Threat to health or safety

We may use and disclose your identifiable health information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

As required by law

Certain laws permit or require certain uses and disclosures of identifiable health information for example, for public health activities, health oversight activities and law enforcement. In these instances, Mindset Health will only use or disclose your identifiable health information to the extent the law requires.

Personal representatives or persons involved with your care

We must use and disclose your identifiable health information to anyone who has the legal right to act for you (your personal representative) in order to administer your rights. We may also use or disclose your identifiable health information to a person involved in your care or who helps pay for your care, such as a family member, when you are incapacitated or in an emergency, or when you agree or fail to object when given the opportunity. If you are unavailable or unable to object, we will use our best judgment to decide if the disclosure is in your best interests. Special rules apply regarding when we may disclose health information to family members and others involved in a deceased individual's care. We may disclose health information to any persons involved, prior to the death, in the care or payment for care of a deceased individual, unless we are aware that doing so would be inconsistent with a preference previously expressed by the deceased.

For research and publicity purposes

We may use identifiable health information for internal and external research and publicity purposes. This may include publishing aggregate information about our users (for example, that women ages 35-40 working in non-office jobs have the highest levels of worry) in the context of providing public health information and conducting academic research. In certain instances, we may only provide such information with special waivers and permissions from you.

Transfer of business assets

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Mindset Health or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets. Mindset Health will ensure that information transferred to third parties will only be used in a way that is compliant with Privacy Shield Principles, and will remain liable in cases of onward transfers to third parties.

Mindset Terms of Service

This website (Site) is operated by Mindset Health Pty Ltd ABN: 11 617 368 957 (we, our or us).  It is available at www.mindsethealth.com/terms and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms & conditions and our privacy policy on our site (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary theseTerms by publishing the varied terms on our Site. We recommend you check ourSite regularly to ensure you are aware of our current terms. Materials andinformation on this Site (Content)are subject to change without notice. We do not undertake tokeep our Site up-to-date and we are not liable if any Content is inaccurate orout-of-date.

Licence to use our Site: We grant you a non-exclusive,royalty-free, revocable, worldwide, non-transferable licence to use our Site inaccordance with these Terms.  All otheruses are prohibited without our prior written consent.

Prohibited conduct: You must not do orattempt to do anything: that is unlawful; prohibited by any laws applicable toour Site; which we would consider inappropriate; or which might bring us or ourSite into disrepute, including (without limitation):

(a)  anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)  using our Site to defame, harass, threaten, menace or offend any person;

(c)   interfering with any user using our Site;

(d)  tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)  using our Site to send unsolicited email messages; or

(f)   facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

IntellectualProperty rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)       copy or use, in whole or in part, any Content;

(b)       reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)        breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from theContent.

User Content:You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content)on our Site.  By making available anyUser Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the UserContent, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a)       you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)       neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site 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.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)  they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)  access will be uninterrupted, error-free or free from viruses; or

(c)   our Site will be secure.

You read, use and act on ourSite and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or theContent and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.          

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in theseTerms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute),the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outsideAustralia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Mindset Health Pty Ltd 11 617 368 957

Email: alex@mindsethealth.com