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 collect information about you whenever you use the MINDBODY Services, for example:
- If you are a customer of a Subscriber or simply a MINDBODY App user, when you create an account on the MINDBODY App, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.
- If you are a Subscriber, 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 or otherwise interact with you, such as to book an appointment or make a purchase. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
- We collect information about you when you interact with the MINDBODY Services. For example, if you initiate a transaction through the MINDBODY Service, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the 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 Subscriber you are transacting with or through.
- We may also store information that your computer or mobile device provides to us in connection with your use of the MINDBODY Services, such as IP address.
- In addition to the information we collect from you through MINDBODY Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and 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 also collect other Personal Information through the MINDBODY Services under the direction of our Subscribers.
How Personal Information May Be Used.
We may use your Personal Information for legitimate business purposes, including:
We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.
We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest.
We will engage in this activity because we have a legitimate interest.
We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.
To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
Social Media Features and Widgets
Our websites offer 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 firstname.lastname@example.org. 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.
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 our websites 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.
Testimonials, Ratings and Reviews.
If you submit testimonials, ratings or reviews to the MINDBODY Services, any Personal Information you include may be displayed in the Service. If you want your testimonial removed, please contact us at email@example.com.
We also partner with third-party service providers to collect and display ratings and review content on our web site.
The security of Personal Information is a high priority at MINDBODY. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. 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 please refer to our Security Policy [https://www.mindbodyonline.com/security-policy].
4051 Broad Street Suite 220
San Luis Obispo, CA 93401
For the EEA, you may also:
How to access, correct, delete or exercise other rights regarding your Personal Information.
Where applicable law allows for such a request, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact MINDBODY at firstname.lastname@example.org with the subject line “Data Subject Request.” We will respond to your request consistent with applicable law.
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. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, MINDBODY may need to forward your request and refer you to your Subscriber who may be better placed to address 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 a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). 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 also be entitled to ask us to remove content or information that you have posted to the MINDBODY Service by submitting a request to email@example.com. 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 request the exercise of a right as set out above in relation to Personal Information held by a Subscriber, please contact the Subscriber directly.
Your choices regarding our use and disclosure of information.
Information you provide may be used by MINDBODY for marketing purposes such as one-off promotional emailing, mobile text messages, 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:
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.
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.
The MINDBODY Services are controlled and operated by us from the United States and are 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 understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
Some of the non-European Economic Area (“EEA”) countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses with our vendors (based on the clauses published at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, a copy of which can be obtained by Contacting Us [LINK TO CONTACT US SECTION], see below) and/or participation in the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield to protect your Personal Information in the U.S as further explained below. You can consult our Privacy Shield certification at https://www.privacyshield.gov/participant?id=a2zt0000000TOHGAA4&status=Active.
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.