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MindQuire Privacy Policy

Our Privacy Policy governs information that is collected through the MindQuire.com Website ("Site"), through our company, Vitaboard, LLC ("Company," "MindQuire," "we," or "us,") through the use of the Site, software, and other products and services offered on or through the Site (collectively, the "Services"). This Privacy Policy is incorporated by reference into the Terms and Conditions of Use.

Please read the Privacy Policy carefully. This explains what Personal Information we will gather from you, and when and how this information is used. Our Terms of Use explains the legal obligations of MindQuire and you, the user, and also outlines what you can and cannot do while accessing the Site and Services.

Acceptance of Privacy Policy. BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH THIS SITE.

"Personal Information" is information about a person that is personally identifiable to such person like the person's name, address, email address, or phone number, as well as other non-public information such as health information.

"Anonymous Information" or "Aggregated Information" means information that is not associated with or linked to Personally Identifiable Information. Anonymous or Aggregated Information does not permit the identification of individual persons.

HIPAA and The HITECH Act. We comply with the legal requirements of both federal and state laws regarding the safeguarding of your Personal Information through the internal and external processes, policies and agreements, as outlined herein.

Age. Our Site and Services are designed for those who are under the care of a licensed Therapist, and who are over the age of eighteen (18), or who have received written consent as defined in the Terms. The Site and Services are not designed or to be accessed by anyone under age sixteen (16). Anyone under the age of eighteen (18) but over the age of sixteen (16), or deemed to be incompetent, must receive prior written consent by a parent or legal guardian to register with our Site and Services. Such written consent must be received by your Therapist prior to your receiving a Therapist Code to register with our Site and Services.

Your Privacy. We understand that your privacy is very important to you. At MindQuire we believe that our online users have a right to know our practices regarding the information we may collect when you access or use our Services. Other websites that are linked to/from the MindQuire.com Site and entities that may deliver services for MindQuire may have different policies that apply to their collection and management of information; therefore, please review the privacy policy notices on their respective websites carefully for details.

The Information that We Collect. Our Site and Services are designed to provide tools for Members and Therapists. As part of our Services, our Site asks for certain information from you so that you may benefit from our Services. This information and other information you provide to us, for example information provided as Submissions, will be collected, used, and disclosed as outlined herein. Information provided by Members or your Therapist will be associated with your Personal Information (email address) but will not be disclosed or used by us. If you have an Anonymous Account, we will not have an email address for your Account. We may collect and use information in anonymous or aggregate form to improve our Services. Personal Information, and Account Submissions are encrypted.

Generally, we collect information in the following ways: when you submit information through your registration, Account and Submissions; when we receive information through our Services and third party providers; and when we receive information submitted by you either by email, or phone. We will collect your Personal Information such as email address, when you register for our Site, unless you choose an Anonymous Account (as outlined in our Terms of Use) but we will not collect your name or address. We will collect your username, and password, and Therapist's code. You should not use your real name in any communications with MindQuire; or as a username. Please see additional information on our FAQs page and in our Terms of Use, under Registration. If you are a Therapist, and purchase our Services, we will request credit card information that is processed through our payment processors.

Why We Collect this Information. We collect information for a variety of reasons, including administration of our Site and Services, purchase transactions, and our effort to inform you of changes in our Service, newsletters, and other products and services that may interest you. When you submit Personal Information to us, you understand and agree that MindQuire may access, store, and use your Account and Personal Information. You consent to the transfer of your information to and within the United States or other countries for processing and storage.

Our Use and Disclosure of Your Information. MindQuire will use your Personal Information only for that specific purpose for which you submitted such Personal Information. We DO NOT sell or rent any Personal Information about you to any third party. Unless otherwise indicated, Personal Information provided by you to MindQuire is for internal use by us only to administer the Site and Services; for your use and your Therapist's use; and for the purposes described in this Privacy Policy. We may disclose your Personal Information we collect to companies that perform services on our behalf to fulfill order requirements, payment processing, or administrative requirements, but the disclosure will be limited to the Personal Information required for that service, only.

Please note that if you use MindQuire with a Therapist, your Therapist WILL have access to ALL the information you enter on this Site through your Account. Your Therapist WILL NOT be instantly or promptly aware of such information. The only information entered on the Site that you can be certain your Therapist will be aware of is the same information that you discuss with your Therapist personally. MindQuire is not intended as a replacement for your Therapist's care.

Our Security Procedures and Your Privacy. MindQuire takes great care in maintaining the security of your Personal Information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. All communication between your web browser at home and data storage servers is encrypted with SSL 256 bit encryption this is the industry standard used by banks and other leading financial institutions. Additionally, all sensitive data such as your Account Submissions, email addresses, messages, and passwords, are encrypted (AES 256 bit) when stored. While this encryption technology helps to prevent loss, misuse, or alteration of Content, it does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to the Site.

Although we take great care in maintaining the security of your Personal Information, we do not guarantee that unauthorized access will never occur. While we have taken the measures outlined above, you can assist us by (i) creating longer, stronger passwords with at least 10 digits, consisting of a mix of lower and upper case letters including numbers and signs like $%#&*; and (ii) logging off of your Account if you are going to be away from your computer. Don't post anything that you may want to remove at sometime in the future. Members will NOT be able to delete entries from Submissions.

Notice of Sharing. All Account Submissions posted to your Account are viewable and accessible by your Therapist. We may also share your Personal Information or other information under the following circumstances: (a) within MindQuire, including our employees, and contractors who have signed a Confidentiality Agreement; (b) if we believe in good faith that it is required by law, legal process or court order; (c) as may be required to respond to an inquiry, request or complaint that you have made; (d) to persons or companies that we engage to carry out or provide support for the operations of our business (which may include customer support services, hosting, and email service providers); or (e) if we believe in good faith that it is necessary to protect the personal safety, property, or interests of you, our users, the public, our licensors, the Services, or ourselves. We will share aggregate information and/or Anonymous Information about our users and Members with advertisers, Therapists, and business partners.

Third Parties. We may disclose Anonymous or Aggregate Information to business partners, advertisers, and Therapists but we WILL NOT disclose any information that could be used to personally identify you through Personal Information unless it is disclosed herein. The Anonymous or Aggregate Information may be used to gauge the usefulness and popularity of our web pages, or certain links to or from our Site. We may disclose your Personal Information we collect to companies that perform services on our behalf to fulfill order requirements, payment processing, or administrative requirements. Additionally, if you are a Therapist, and purchase our Services, as part of the purchase transaction, you will be asked to disclose your information directly to a third party to fulfill your order or to facilitate the processing of your purchase transaction. Please see below. If you have any additional requests regarding which companies provide administrative services, you may email us at support@MindQuire.com.

We may from time to time invite our users to participate in a poll or survey. The information that users provide to us under these circumstances will not include Personal Information or information that is otherwise tied to your Personal Information. You understand that MindQuire reserves the right to store the information you provide and to use such information for the general improvement of our Services, unless otherwise indicated herein. Such Personal Information shall be managed according to the Privacy Policy, unless otherwise indicated in an individual poll, survey, or other Service.

Links to Privacy Policies of Third Party Providers, Including Advertisers. You should consult the respective privacy policies of third-party providers for more information on their practices and for instructions on how to opt-out of certain practices if you desire to do so. Our third party providers include: (i) Authorize.net which processes payments and Wells Fargo for payment transactions; and (ii) Constant Contact which provides our email service. For any additional information please contact us at privacy@mindquire.com.

Use of Cookies, and Other Technology.

Cookies. Cookies are pieces of information that some websites transfer to the computer that is browsing a website ("Cookies"), and are used for record-keeping purposes at many websites. The use of Cookies makes web surfing easier by performing certain functions such as saving your passwords, background information, and your personal preferences regarding your use of the particular website. Many consider the use of Cookies to be an industry standard. There are though, different types of cookies, with some collecting more information than others. For example, super Cookies or flash Cookies collect more than standard cookies. Your browser is probably set to accept Cookies; however, it may be set to block acceptance of cookies (such as from third party sites), erase Cookies from your computer hard drive, or receive a warning before a Cookie is stored. If you would prefer not to receive Cookies, you can alter the configuration of your browser to refuse, erase, or to warn you of the use of Cookies. If you choose to have your browser refuse Cookies, it is possible that some areas of our website that use Cookies will not function properly when you view them and your online experience will be limited.

We use Cookies to administer the Site and not for tracking purposes. Our Site collects Personal Information under the following situations: (1) to the extent that you provide Information to us in an email message, through your Account or Public Submissions; (2) to the extent that your web browser provides Information to our web server, like the site you linked from, the identity of your internet service provider, or the type of browser you are using; and (3) to the extent that you provide Personal Information to us in a CGI form (for example, when you subscribe to our newsletter).

GIF Files. We may use pixels, or transparent GIF files, to help manage online advertising. These GIF files may be provided by our ad management partner and enable it to recognize a unique Cookie on your web browser, which in turn enables us to learn which advertisements bring users to our Site. The Cookie was placed by us, or by another advertiser who works with our ad management partner. With both Cookies and spotlight technology, the information that we collect and share is Anonymous Information, which may be shared in aggregate form, and it is not Personal Information and therefore does not contain your username, or password.

Monitoring Scripts. MindQuire may use certain third party web analytics software in order to monitor the use of our Site and Services; however, the third party web analytics software provider should not use any of this data other than to administer our Site and Services.

If you have concerns about cookies or GIF Files, or need assistance on how to enable the cookies on your system, please contact us by sending us a message through the "Contact Us" form in your "Manage Account" section..

Opt Outs. You may choose to opt out of receiving cookies through your browser settings, although the use and access of our Site and Services will be limited.

CAN-SPAM Compliance. If you have registered with MindQuire, we have received consent that allows us to contact you to provide you with information concerning your Account, and your use of our Services. Email contact, for example, may include administrative emails for password retrieval or Account updates. In order to participate in our Services as a Therapist, you must receive administrative emails. If you are a Therapist and you have opted in to receive newsletters, we may send you newsletters through our messaging system or to your email address. In addition, if you are a Therapist and you have indicated that you would like to be contacted regarding other services and promotions, we may also contact you with commercial information about products, services, promotions, or other activities or offerings that may be of interest to you. Additionally, with each commercial communication you receive from us, you will be given the opportunity to indicate that you wish to "Unsubscribe" from receiving such future communications.

Information Provided to Customer Service To Therapists Only. Whenever you communicate with customer service, you understand: (i) that a customer service representative may view and make changes to your Personal Information (email) in order to provide the assistance that you need; and (ii) that a customer service representative may reply to you via email, or phone.

Legal Disclosures. We may disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the users of our Services, or third parties, or as allowed under HIPAA and other laws and regulations.

Reviewing and Changing Your Personal Information. If you want to make changes, amendments and/or deletions to your Personal Information with MindQuire you may do so in "Manage Account." Please note that we may be prohibited from deleting certain Personal Information due to an applicable court order, statute, law or regulation. We may therefore store your Personal Information that we have collected from or about you, and this information may remain in our archives. Submissions cannot be deleted.

Notice to California Residents - Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. California Customers may request further information about compliance with this law by e-mailing info@MindQuire.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.

Privacy Policy Updates. The terms of this Privacy Policy will govern the use of any information collected by us or our Services. MindQuire reserves the right to change this Privacy Policy at any time. This Privacy Policy may change as new features are added to our Site or Services. If we decide to change our Privacy Policy, we will post these changes to our Privacy Policy on the Site. The most recent version of our Privacy Policy is always available from the bottom of most pages on the site. In case of any material changes to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of the website with a link entitled "Privacy Policy Updated xx/xx/xxxx" for no less than thirty (30) days. All changes to the Privacy Policy will be effective when posted, and your continued use of any of the Services after the posting will constitute your acceptance of an agreement to be bound by, the changed terms. It is your sole responsibility to periodically revisit and review our Privacy Policy for updates. If you have any questions about privacy, please contact us at privacy@MindQuire.com.

Subsequent Owner of Vitaboard, LLC Merger/Acquisition. In the event that Vitaboard, LLC goes through a business change, such as a merger, acquisition or sale, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of Vitaboard, LLC or its assets may continue to use your Personal Information as set forth in this Privacy Policy. You hereby consent to us sharing your Personal Information under the above circumstances.

Contact Information. If you have any questions or comments about our personal information practices or about this Privacy Policy, please feel free to contact us at privacy@MindQuire.com.

Copyright 2012 MindquireSM All Rights Reserved.