Last Updated: November 16, 2017
1. Defined Terms.
The following terms will have the meanings indicated below. Please refer to our Subscriber Terms of Service or the MINDBODY App User Agreement for any capitalized terms that are not defined in this policy.
“End User” means any individual who interacts with the MINDBODY Services, including users of our mobile applications such as the MINDBODY App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the MINDBODY Services.
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you, and aggregated information.
“Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.
“Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service.
2. Information We Collect.
We may collect information about you whenever you use the MINDBODY Services, for example:
- When you create an account on the MINDBODY App, we may ask for Personal Information such as your name, email, mailing address, social media account ID, and other information you may provide with your account. You can edit certain information in your account through the My Info tab in the MINDBODY App.
- If you’re a customer of one of our Subscribers, we collect information about you when you interact with their business through the MINDBODY Services. For example, if you initiate a transaction with the Subscriber through the Service, such as an appointment or purchase, we may collect information about you, such as your name, email, credit card information, as well as any other information you provide in order to process the transaction.
- If you’re a Subscriber, we collect information about your business that is submitted to the MINDBODY Services under your account. When you sign up for our Software Service, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your customers that they provide to the MINDBODY Services when they initiate a transaction with you, such as an appointment or purchase.
- We may store information that your computer or mobile device provides to us in connection with your use of the MINDBODY Services, such as type of computer or mobile device, unique device identifier, IP Address, MAC address, device’s operating system and physical location (including geolocation, beacon based location, and GPS location). You may disable our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the MINDBODY App in iOS privacy settings. We may also store usage data such as the date and time the application on your device accesses our servers, and what information and files have been downloaded to the application based on your device number.
- We may deploy and read identifiers (generally, strings of code) that we have associated with a browser, and we may collect mobile identifiers such as Apple IDFAs or Google Android Ad IDs. We generally use and share these identifiers to help tailor more relevant ads to you both on our properties and when you interact with other websites and mobile apps.
- If you initiate a transaction through the MINDBODY Services, such as an appointment or purchase, we may collect and store information, including your name, phone number, address, email, and credit card information as well as any other information you provide to us, in order to process your transaction. This information may be shared with third parties for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the business you are transacting with.
- We may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your MINDBODY App account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles.
- We may collect other Personal Information through the MINDBODY Services under the direction of our Subscribers.
3. How Personal Information May Be Used.
We may use your Personal Information:
- To respond to your inquiries and fulfill your requests.
- To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
- To complete and fulfill your purchase or class registration, for example, to process your payments, communicate with you regarding your purchase and provide you with related customer service.
- To send you marketing communications that we believe may be of interest to you, such as to send you newsletters.
- To share with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
- To personalize your experience on the MINDBODY Services by presenting products and offers tailored to you, including complementary products and services of our partners.
- To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
- To facilitate social sharing functionality.
- Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device's calendar application, camera, and microphone. If you have previously allowed access to your device's calendar and no longer wish to allow access, you may edit the application settings at the device level.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
4. How Personal Information May Be Disclosed.
We may disclose your Personal Information:
- To our strategic partners and third-party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
- To our Subscribers if you are an End User and are using our MINDBODY Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.
- To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
- To third-party sponsors of sweepstakes, contests and similar promotions.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.”
- To your friends associated with your social media account, to other Website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your MINDBODY App account.
- For legal purposes described in the section below titled “Legal Disclosure.”
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.
5. Your California Privacy Rights: Notice to California Customers and Opt-Out Information.
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in Section 6, immediately below.
6. Your Choices.
If you would like to access, review, correct, update, suppress, or remove Personal Information that has been previously provided by you, you may contact us by logging into your account and making the appropriate changes or by emailing our customer support at email@example.com.
In your request, please make clear what Personal Information you would like to have changed or removed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase). There may also be residual information that will remain within our databases and other records, which will not be removed.
If you are under 18 years of age and a user of the MINDBODY Services, you may ask us to remove content or information that you have posted to the Service by submitting a request to firstname.lastname@example.org. Please note that your request does not ensure complete or comprehensive removal of the content or information.
If you are a customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like to access, correct, amend, or delete inaccurate Personal Information held by a Subscriber, you must contact the Subscriber directly.
Your choices regarding our use and disclosure of Personal Information
Information you provide may be used by MINDBODY for marketing purposes, including but not limited to, one-off promotional e-mailing, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to email@example.com. If you provide your information to MINDBODY, at any time you can opt-out, which will allow you to save your information with MINDBODY, but MINDBODY will not use your information for marketing purposes.
- Our sharing of your Personal Information with unaffiliated third parties for their (or their customers') direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing firstname.lastname@example.org from the email that you have signed up or used in receiving the MINDBODY Services.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the MINDBODY Services, and you cannot opt-out from receiving those messages.
7. Tracking and Advertising.
We and our third party service providers may collect Other Information in a variety of ways. We and/or our third party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the MINDBODY Services by informing us what content is effective.
When you visit our website or otherwise interact with the MINDBODY Services we (or third party data or ad networks we work with) may send one or more cookies to your computer or other devices. “Cookies” are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Personal Information you submit while on our site.
Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.
Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.
Advertising cookies may be set through our website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
We (or third party data or ad networks we work with) may use Web Beacons alone or in conjunction with cookies to compile information about our MINDBODY Services, or Other Information we or they have collected. “Web Beacons” (also known as pixel tags) are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web Beacons may be used within the MINDBODY Services to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our Subscribers’ and End Users’ Personal Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Web Beacons are also deployed by third parties, in connection with Cookies, to serve interest-based (and other) advertising, as described in the below section titled “Advertising Networks”.
Flash and HTML5 Storage
We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.
Do Not Track Signals
At this time we do not respond to browser ‘do not track’ signals.
We use this information to track and aggregate Other Information to analyze trends, administer the site, track users’ movements around the MINDBODY Services and to gather demographic information about our user base in the aggregate.
Similarly, we or a third party data partner may associate Cookies with hashed (non-human readable) versions of your registration data (e.g., your email address), along with other interest-based or demographic data. You can learn more about or opt out of this type of advertising through the links in the following paragraph.
Mobile Opt Out: You can opt out of having your Mobile Ad IDs used for interest-based mobile advertising by accessing the settings on your Apple or Android mobile device, as follows:
- Apple Devices: If you have an Apple device, you can opt out of most cross-app advertising by updating to iOS 6.0 or higher and setting Limit Ad Tracking to ‘ON.’ You can do this by clicking on Settings > General > About > Advertising, and toggling Limit Ad Tracking to ‘ON.’
- Android Devices: If you have an Android device, you can opt out of most cross-app advertising by clicking on Google Settings > Ads, and selecting the option to opt-out of interest-based ads.
Please note that these platforms control how these settings work, so the above instructions may change. Likewise, if your device uses other platforms not described above, please check the settings for those devices.
Web-Based Opt Out: If you wish to opt-out of many of the ad platforms that serve or support interest-based advertising (or learn more about this type of advertising), go to http://www.networkadvertising.org/managing/opt_out.asp, http://www.aboutads.info/choices and http://preferences-mgr.truste.com/ to opt out in desktop and mobile web browsers. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. For individuals in the EU, please also visit http://www.youronlinechoices.eu/. Please note that any opt-out from interest-based advertising will not result in the cessation of all advertising, as we, or our third party advertisers, may continue to serve you contextual-based advertising. Please also note that the above opt-out mechanisms are cookie-based, so if you change or modify your browser, or clear your cookies, you will need to opt out again.
Social Media Features and Widgets
8. Public Forum.
Our Website offers publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Personal Information through MINDBODY public message boards, blogs, or forums, this information may be collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.
9. Facebook Connect.
You can log in to some of the MINDBODY Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Some services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.
In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.
10. Testimonials, Ratings and Reviews.
If you submit testimonials, ratings or reviews to the MINDBODY Services, any Personal Information you include will be displayed in the Service. If you want your testimonial removed, please contact us at firstname.lastname@example.org.
We also partner with third-party service providers to collect and display ratings and review content on our web site. If the content collected by a third party for display includes Personal Information, it will not be posted unless consent is provided by the individual.
11. Legal Disclosure.
We reserve the right to disclose Personal Information that we believe to be necessary or appropriate in the following circumstances:
- As required by law, including laws outside your country of residence, such as to comply with a subpoena, or similar legal process.
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request including a request from authorities outside your country of residence.
- To enforce our terms and conditions.
- To allow us to pursue available remedies or limit the damage we may sustain.
- If MINDBODY is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice within the software and/or on our Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
13. Data Retention.
We will retain your Personal Information for as long as needed to provide the applicable MINDBODY Services you use, unless a longer retention period is required or permitted by law.
14. Security of Your Information.
The security of Personal Information is a high priority at MINDBODY. We maintain our MINDBODY Services and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), you can contact us at email@example.com.
15. Use of Service By Minors.
The MINDBODY Services are not directed or targeted at children under the age of thirteen (13), and we request that they do not provide Personal Information through the MINDBODY Services.
16. Cross-Border Transfer.
The MINDBODY Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the MINDBODY Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.
17. Sensitive Information.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, trade union membership or criminal background) on or through the MINDBODY Services or otherwise to us, except where explicitly requested.
18. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield.
MINDBODY participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
MINDBODY is responsible for the processing of personal data it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. MINDBODY complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, MINDBODY is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
20. Contact Us.
4051 Broad Street Suite 220
San Luis Obispo, CA 93401