Privacy Policy

KINDBODY PRIVACY POLICY

Last revised: September 30th, 2021

1. INTRODUCTION

The purpose of this Privacy Policy is to describe how KBI Services, Inc., d/b/a Kindbody (“Kindbody”) collects, uses and shares information about you through our website located at www.kindbody.com (the “Site”). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to contact us as described at the end of this Policy.

Our Privacy Policy explains:

• Information That We Collect
• How We Use and Share Your Information
• Access to Your Information and Choices
• Security of Your Information
• California Privacy Rights
• Consent to Processing of Personal Data in United States
• Changes to Our Privacy Policy
• Questions and How To Contact Us

Scope; Third Party Sites. This Privacy Policy applies only to information we collect at and through the Site. Our Site also contains links to third party sites that are not owned or controlled by Kindbody. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Terms of Use. Please note that your use of our Site is also subject to our Terms of Use.

1. INFORMATION THAT WE COLLECT

Information You Provide to Us

We collect information you provide to us, for example when you create or modify your account, register to use our Site, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include:

• Name
• Address
• Email address
• Telephone number
• Payment information (credit card or debit card number, expiration date and credit card security code – solely for payment purposes)
• Date of birth
• Username and password
• Demographic/health/wellness data (such as your gender, date of birth, wellness background, weight, height, lifestyle information, medication history, and zip code)
• Communications with Providers conducted through the Service

We may also collect information from you necessary to provide you with services you request from Providers utilizing the Service, which may include, but is not limited to: (a) payment information; (b) insurance information; and (c) health and medical data (such as previous doctors or other healthcare providers you visited, your reason for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos and other medical and health information you share with us).

You will be able to send confidential messages and communicate with a doctor regarding your diagnosis and treatment. Kindbody will keep these messages private and confidential.

Information We Collect Automatically Through Your Use of our Site

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on how your online activity.

Information Collected Through Cookies and Similar Technologies

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Site through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows the Site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. (See, “Advertising” below.)

No Information from Individuals Under the Age of 18

If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please call us at 1(855) KIND-BODY.

1. HOW WE USE AND SHARE YOUR INFORMATION

To Provide Products, Services, and Information. We collect information from you and use the information to:

• provide products and services facilitated or purchase using the Site;
• register and service your online account;
• provide information that you request from us;
• contact you about your account;
• process credit card and debit card transactions;
• send you promotional materials or advertisements about our products and services, as well as new features and offerings;
• enforce our Terms of Use or other legal rights and remedies;
• administer surveys, sweepstakes, promotions and contests;
• provide interest-based targeted advertising to you; and,
• any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

Sharing with Third Parties.

Healthcare Providers. We share your personal information with Empire Medical Practice, P.C., d/b/a Kindbody Medical Practice of NY, doctors and relevant medical staff in connection with your diagnosis and treatment.

Vendors and Services Providers. We may provide information to third party vendors and service providers that help us operate and manage our Site, process orders, and fulfill services that you purchase from us. These vendors and service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.

Corporate Affiliates. We may share your personal information with our corporate affiliates which are subject to this policy and applicable law.

Social Media. If you use third-party services, such as Facebook, Google, or Twitter, through the Site, to login to the Site, or to share information about your experience on the Site with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.

Public Posts and Activities. If you choose to engage in public activities on the Site, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas

Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Kindbody when we have your consent to do so.

Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Kindbody if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
• Enforce applicable Terms of Use, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of Kindbody, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control.If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

How to control your email preferences:  For EU-based members, we will only send you promotional and marketing emails if you have given us your consent. You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

1. ACCESS TO YOUR INFORMATION AND CHOICES

You can access and update certain information we have relating to your online account by signing into your account and going to the Account section of our Site. If you have questions about personal information we have about you or need to update your information, you can call us at 1(855)KIND-BODY.

1. SECURITY OF YOUR INFORMATION

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

1. CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2017 will receive information regarding 2016 sharing activities).

To obtain this information, please send an email message to navigator@kindbody.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

1. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES

This Site is intended for use only by residents of the U.S. If you are a citizen of the European Economic Area (EEA) or other jurisdiction outside of the U.S., please note that in order to provide our Site, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. “Personal information” encompasses all personal data as defined in Art. 4 (1) of the European Data Protection Regulation (“GDPR”), meaning any information that relates to an identified or identifiable individual.

In addition to the ways in which you can manage the use of your information as outlined in section 4 above, you have the following specific rights if you are accessing our Website from the European Economic Area (“EEA”), the UK or Switzerland in respect of your personal information that we hold:

• Right To Object. The Right To Object, On Grounds Relating To Your Particular Situation, To The Processing Of Your Personal Information, And To Object To Processing Of Your Personal Information For Direct Marketing Purposes, To The Extent It Is Related To Such Direct Marketing;
• Right of access. The right to obtain access to your personal information along with certain related information;
• Right to data portability. The right to receive your personal information in a commonly used format and to have your personal information ported to another data controller;
• Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;
• Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed; 
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and
• Right to withdraw consent. If you have provided consent for the processing of your personal information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal. 

If you wish to exercise one of these rights, contact us at legal@kindbody.com. 

Right to lodge a complaint. You also have the right to lodge a complaint with an EU data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. However, we encourage you to first reach out to us by using the contact details set forth below so that we have an opportunity to address your concerns directly and find a solution together before you lodge a complaint.

Right to lodge a complaint. You also have the right to lodge a complaint with an EU data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. However, we encourage you to first reach out to us by using the contact details set forth below so that we have an opportunity to address your concerns directly and find a solution together before you lodge a complaint.

1. CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

1. QUESTIONS AND HOW TO CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please email us at navigator@kindbody.com, call us at 1(855) KIND-BODY, or contact us by US postal mail at the following address:

KBI Services, Inc.
120 5th Ave, 5th Fl
New York, NY 10011