MINDSURF PRIVACY POLICY

‍

This privacy policy (the “Privacy Policy”) applies to the Mindsurf mobile application (the “App”) and

our website, located at https://www.mindsurf.ai (the “Site”), owned and operated by Mindful

(“Mindful,” “we,” “us,” or “our”). We have created this Privacy Policy to tell you what information

the App and our Site collect, how we use that information, and who we will share that information

with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we

do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will

have the meaning set forth in our Terms and Conditions. By visiting and/or using our App or Site,

you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We

encourage you to read the Privacy Policy, and to use the information it contains to help you make

informed decisions.

‍

‍

YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO,YOU CONSENT TO THIS PRIVACY POLICY AND THE USE OF YOUR PERSONALINFORMATION AS STATED HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THISPRIVACY POLICY AND THE USE OF YOUR PERSONAL DATA AS STATED HEREIN INTHEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE APPLICATION,THE SITE AND/OR MINDSURF OFFERINGS.

‍

1.       In The Course Of

(a) operating the App;

(b) access or use of the Site;

(c) registering to become a Member; and/or

(d) use of the Mindsurf offerings including,without limitation, the Services and/or Promotions.

You authorize us to collect and/or receiveinformation designated below.

2.       Information We Collect or Receive. We willcollect and/or receive the following types of information.

(a)   Personal Information. We only receive orcollect information that identifies you personally if you choose to providesuch personally identifiable information to us. When you sign up to become auser or contact us, you will be required to provide us with personalinformation about yourself (collectively, the “Personal Information”). Such Personal Information may include yourname, e-mail address, telephone number and other sensitive personalinformation. We do not collect any Personal Information from you when you usethe App unless you provide us with the Personal Information voluntarily.

(b) Payment Information. If you choose tomake a purchase or subscribe to a feature or service of ours that requires afee, you will be required to provide us with your payment information,including, without limitation, bank account numbers, credit card or debit card2 numbers, account details, ACH information, and similar data (collectively,“Payment Information”). Such Payment Information will be collected andprocessed by our thirdparty payment vendors pursuant to the terms andconditions of their privacy policies and terms of use, and we do not obtainaccess to any Payment Information in connection with such purchases orsubscriptions.

(c) Geolocational Information. Certainfeatures and functionalities of the App are based on your location. In order toprovide these features and functionalities while you are using your mobiledevice, we may, with your consent, automatically collect geolocationalinformation from your mobile device or wireless carrier and/or certainthird-party service providers (collectively, “Geolocational Information”).Collection of such Geolocational Information occurs only when the App isrunning on your device. If and when this feature becomes available, you maydecline to allow us to collect such Geolocational Information, in which case wewill not be able to provide certain features or functionalities to you.

(d) Third-Party Analytics. We and thethird-party technology providers, ad exchanges, ad networks, advertisers,agencies, ad exchanges, and ad servers with which we work use thirdpartyanalytics services (e.g., Google Analytics) to evaluate your use of the App,compile reports on activity, collect demographic data, analyze performancemetrics, and collect and evaluate other information relating to the App andmobile and Internet usage. These third parties use cookies and othertechnologies to help analyze and provide us the data. You consent to theprocessing of data about you by these analytics providers in the manner and forthe purposes set out in this Privacy Policy. For more information on thesethird parties, how to opt out from certain data collection, please visit GooglePrivacy Policy and/or Google Terms Please be advised that if you opt out of anysuch service, you may not be able to use the full functionality of the App.

(e) Other Information. In addition to thePersonal Information, Payment Information, and Geolocational Information, wemay automatically collect or receive additional information regarding you andyour use of the App; your interactions with us and our advertising; andinformation regarding your computer and mobile devices used to access the App(collectively, the “Other Information”). Such Other Information may include:

(f) From You. Additional information aboutyourself that you voluntarily provide to us, such as your gender and yourservice preferences.

(g) From Your Activity. We may collect orreceive information regarding:

(i) IPaddress, which may consist of a static or dynamic IP address and will sometimespoint to a specific identifiable computer or mobile device;

(ii) browser type and language;

(iii) referring and exit pages and URLs;

(iv) date and time; and

(v) detailsregarding your activity on the App, such as search queries and otherperformance and usage data.

(h) About Your Mobile Device. We maycollect or receive information regarding:

(i) type of mobile device;

(ii)advertising Identifier (“IDFA” or “AdID”);

(iii) operating system and version (e.g.,iOS, Android or Windows);

(iv) carrier; and

(v) network type (WiFi, 3G, 4G, LTE).

(i) From Cookies. We may use both sessioncookies, which expire once you close the App, and persistent cookies, whichstay on your mobile device until you delete them and other technologies to helpus collect data and to enhance your experience with the App. Cookies are smalltext files an app can use to recognize a repeat visitor to the app. We may usecookies for various purposes, including to:

(i) type of mobile device;

(ii) personalize your experience;

(iii) analyze which portions of the Appare visited and used most frequently; and

(iv) measure and optimize advertising andpromotional effectiveness.

If you do not want us to deploy cookies in theApp, you can opt out by setting your mobile device to reject cookies. You canstill use the App if you choose to disable cookies, although your ability touse some of the features may be affected.

3.      ProtectedHealth Information.

(a) When you set up a User Account with Mindsurf,you are creating a direct client relationship with Mindsurf that enables you toaccess and/or utilize the Services. As part of that relationship, you provideinformation to Mindsurf, including but not limited to, your name, emailaddress, shipping address, phone number and certain transactional informationthat are not “protected health information” or “medical information.”

(b) However, in using certain components of theServices, some of the information we collect may constitute “protected healthinformation” (“PHI”) under the Health Insurance Portability and AccountabilityAct (“HIPAA”). While Mindsurf is not a “covered entity” as defined in HIPAA,one or more of the Medical Groups and its Providers, and/or other health careproviders engaging with you through our Services may be a “covered entity” or“business associate” under HIPAA and therefore subject to HIPAA, and Mindsurfmay in some cases be a “business associate” of a Medical Group, Pharmacy and/orLab. Please note that HIPAA does not necessarily apply to an entity or personsimply because there is health information involved, and HIPAA may not apply toyour transactions or communications with Mindsurf, the Medical Groups, the Providers,the Pharmacies and/or the Labs. To the extent Mindsurf is deemed a “businessassociate” however, and solely in its role as a business associate, Mindsurf,may be subject to certain provisions of HIPAA with respect to PHI. In addition,any medical or health information that you provide that is subject to specificprotections under applicable state laws (collectively, with PHI, “ProtectedInformation”), will be used and disclosed in accordance with such applicablelaws. However, any information that does not constitute Protected Informationunder applicable laws may be used or disclosed in any manner permitted underthis Privacy Policy. Protected Information does not include information thathas been de-identified in accordance with applicable laws.

(c) TheMedical Groups and its affiliated Providers have adopted a Medical Group Noticeof Privacy Practices that describes how they use and disclose PHI. By accessing or using the Services tointeract with a Medical Group and/or Provider, you acknowledge that you havereceived and agreed to the Medical Group Notice of Privacy Practices from yourMedical Group and/or Provider(s).

(d) Where Mindsurf collects, uses, and disclosesProtected Information on behalf of your Medical Group or Provider, such processingon behalf of your Medical Group or Provider shall be consistent with theMedical Group Notice of Privacy Practices and as permitted in Mindsurf’sagreements with the Medical Groups or Provider, except to the extent you haveexpressly authorized additional uses and disclosures. We may use PHI forpurposes of treatment, payment, and health care operations, including tocommunicate with you, to provide requested services, to provide information toyour Medical Groups or Providers, pharmacies, and insurers, to obtain paymentsfor our services, and to communicate with your Medical Groups or Providers,pharmacies, and benefits program. We may combine your PHI with otherinformation about you, including information from other sources, such as fromyour Medical Groups or Providers, pharmacies, insurers or benefits program, inorder to maintain an accurate record of our users. We may use your PHIto contact you for any services or products offered by Mindsurf or the MedicalGroups.

4.       Information Collected by Or ThroughThird-Party Advertising Companies. We may share Other Information about your activity on the App withthird parties for ad distribution and ad optimization (defined as thetailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing,reporting, and optimizing of ads). These third parties may use cookies, pixeltags (also called web beacons or clear gifs), and/or other technologies tocollect Other Information for such purposes. Pixel tags enable us and thesethird-party advertising companies to recognize a browser’s cookie when abrowser visits the site on which the pixel tag is located in order to learnwhich advertisement brings a user to a given site. In addition, we may receive Other Information fromadvertisers and/or their service providers such as advertising identifiers, IPaddresses, and postconversion data.

5.       How to Opt Out Of Third-PartyInterest-Based Advertising. If you wish to opt out of thirdparty interest-based advertising, pleasevisit http://www.networkadvertising.org and http://www.aboutads.info/choicesfor details on how to do so. Additionally, users of mobile Devices can followthe below instructions:

(a)   AndroidUsers. For Android devices with OS 2.2 and up and Google Play Services version4.0 and up: Open your Google Settings app > Ads > Enable “Opt out ofinterest-based advertising.”

(b) iOSUsers.

(i) iOS 7 or Higher: Go to your Settings > Select Privacy > SelectAdvertising > Enable the “Limit Ad Tracking” setting.

(ii) iOS 6: Go to your Settings >Select General > Select About >Select Advertising > Enable the “Limit Ads Tracking” setting.

6.      HowInformation Is Used and Shared.  

(a)    Youauthorize us to use the Personal Information, Payment Information,Geolocational Information, and the Other Information (collectively, the“Information”) to:

(i)                 provideand improve our App;

(ii)               provideour services;

(iii)              administerour promotional programs;

(iv)              solicityour feedback; and

(v)               informyou about our products and services.

(b)    Inorder to provide our services and administer our promotional programs, we mayshare the Information with our third-party promotional and marketing partners,including, without limitation, businesses participating in our variousprograms.

(c)     Weengage third-party companies and individuals to perform functions on ourbehalf. Examples may include providing technical assistance, customerservice, marketing assistance, and administration of promotional programs. These other companies will have access tothe Information only as necessary to perform their functions and to the extentpermitted by law

(d)    In anongoing effort to better understand our users, the App, and our products andservices, we may analyze certain Information in anonymized and aggregate formto operate, maintain, manage, and improve the App and/or such products andservices. This aggregate information does not identify you personally. We mayshare and/or license this aggregate data to our affiliates, agents, businessand promotional partners, and other third parties. We may also discloseaggregated user statistics to describe the App and these products and servicesto current and prospective business partners and investors and to other thirdparties for other lawful purposes.

(e) We may share some or all of your Informationwith any of our parent companies, subsidiaries, joint ventures, or othercompanies under common control with us.

(f) As we develop our businesses, we might sell orbuy businesses or assets. In the event of a corporate sale, merger,reorganization, sale of assets, dissolution, or similar event, the Informationmay be part of the transferred assets.

(g) To the extent permitted by law, we may alsodisclose the Information:

(i)                 whenrequired by law, court order, or other government or law enforcement authorityor regulatory agency; or

(ii)               (wheneverwe believe that disclosing such Information is necessary or advisable, for example,to protect the rights, property, or safety of us or others, including you. Wewill use your Payment Information to process your authorized payments throughthe App.

We will share your PaymentInformation with a third-party service provider as necessary to process yourpayment. The third-party serviceprovider stores your Payment Information; we do not store this information.Storage by the third-party service provider of your Payment Information issubject to the privacy policies and practices of the third-party serviceprovider and is not subject to the terms of this Privacy Policy. By providingyour Payment Information, you acknowledge and agree to use of such informationby the third-party service provider for purposes of processing your payment tous.  

7.       Statistical Use of Information.

(a)   Theuser agrees that we may use his/her personal data to elaborate studies andstatistical reports, in most of the occasions, we only use aggregated andstatistical information for such purposes, and under no circumstances will thisimply that your confidential information will be disclosed to third parties,since such information in no way identifies you personally.

(b)   Wemay use your personal data or sensitive personal data to obtain statisticalinformation that allows our self-evaluation, as well as making better decisionsfor our operations.

(c) We may alsouse your personal data to:

(i)Respond to your requests for information.

(ii)To comply with our legal obligations.

(iii) Statistical and scientific use (metricsanalysis).

(iv) Todevelop, by itself or through its affiliates or any third party, studies on theopinion and demographics of users, in order to better understand their needsand interests.

(v) Analyze,monitor and study the information in the database to maintain, increase andimprove the services we offer.

8.       Data Transfer.

(a)   You should know that, with the exception ofstatistical data (which in no way reveals your confidential information), we willNOT transfer your personal information, your personal data or your sensitivedata to any third party. The onlytransfer we will make of your personal data (including sensitive data) is ifyou decide to participate in the "solutions" that Mindsurf may suggestto you with someone from our network of specialists. To that effect, yourpersonal and sensitive information will only be shared with that particularspecialist, and will be done with the sole purpose of collaborating andcontributing to your emotional, mental, social, spiritual and professionalhealth, as well as to avoid organizational risks and provide clinicalrecommendations, tools and personalized techniques for the improvement of theindividual and in turn of the organization in which you work or participate,enhancing and increasing your productivity. In the event that a transfer otherthan the one described here is necessary, we will request your prior writtenconsent, subject to the guidelines set forth in the United States HealthInsurance Portability and Accountability Act.

(b)   Inthis sense, when you accept or sign this Privacy Notice, or continue to use theMindsurf application after having been informed of the existence of thisPrivacy Notice, you authorize the us to share your personal and sensitive data,solely and exclusively with the specialist with whom you have expresslyconsented to participate.

(c)    Wewill make its best efforts to engage the specialist, recipient of your personaland sensitive data, to safeguard and make use of those under the same terms andstandards to those mentioned here. In case the specialist wants to make adifferent use of your information and/or personal data, the specialist shallprovide you with an ad hoc privacy notice, which shall be signed and agreedbetween you and the specialist, and for which the Company shall not be liable.

9.      ExceptionsFor Data Transmission.

(a) In relation to the transfer of your personaldata, we will not be able to carry them out, unless it has your expressauthorization, or in the following cases:

(i) When the transfer is provided for in aLaw or Treaty to which the US is a party;

(ii) Whenthe transfer is made to third party service providers, in order to comply withthe legal obligations acquired by us;

(iii) Whenthe transfer is necessary by virtue of a contract entered into or to be enteredinto in the interest of the owner, by the data controller and a third party; (iv)When the transfer is necessary or legally required for the Safeguard of apublic interest, or for the procurement or administration of justice;

(v) When thetransfer derives from a request in error.

(b) Therefore, you agree and expressly authorizeus to transfer your personal data either within or outside the territory of theUnited States to:

(i) Our affiliated and subsidiarycompanies.

(ii) Thirdparty service providers, for the fulfillment of our legal obligations or by anyof its affiliated and/or subsidiary companies.

(iii) Thirdparty providers of research services and/or data analysis as well as in theperformance of other services necessary or requested by you.

(iv) Thirdparties derived from a corporate restructuring, including, merger,consolidation, sale, liquidation or transfer of assets.

(v) Othertransfers pursuant to and sanctioned by US data privacy and protection laws.

(c) Third parties and entities receiving personaldata, assume the same obligations and/or responsibilities in accordance withwhat is described in this Privacy Notice. Any person who submits any requestfor information from us or request to enter into any type of legal relationshipwith us, including but not limited to, the use of our services on the app orwebsite, must expressly accept the transfer of their personal data, under theterms described in this Privacy Notice.

10.  SafetyMeasures.

(a) We haveimplemented and we maintain the necessary technical, physical andadministrative security measures to protect your personal data against damage,loss, alteration, destruction or unauthorized use, access or processing.

11.  Accessingand Modifying Information and Communication Preferences. If you have provided us any PersonalInformation, you may access, remove, review, and/or make changes to the same bycontacting us as set forth below. We do not currently engage in emailmarketing, if at any time in the future we add this feature, you may manageyour receipt of marketing and nontransactional communications by clicking onthe “unsubscribe” link located on the bottom of any of our marketing e-mails.We will use commercially reasonable efforts to process such requests in atimely manner. You should be aware, however, that it is not always possible tocompletely 8 remove or modify information in our subscription databases. Youcannot opt out of receiving transactional e-mails related to the App (e.g.,requests for support). We may also deliver notifications to your mobiledevice (e.g., push notifications). You can disable these notifications bydeleting the relevant service or by changing the settings on your mobiledevice.

12.  HowWe Protect Your Information. We utilize dataencryption for all in app communications and take commercially reasonable stepsto protect the Information from loss, misuse, and unauthorized access,disclosure, alteration, or destruction. Please understand, however, thatno security system is impenetrable. We cannot guarantee the security of ourdatabases or the databases of the third parties with which we may share suchInformation, nor can we guarantee that the Information you supply will not beintercepted while being transmitted over the Internet. In particular, e-mailsent to us may not be secure, and you should therefore take special care indeciding what information you send to us via e-mail.

13.  Important Notices to Non-U.S. Residents. The App and its servers are operated inthe United States. If you are located outside of the United States, please beaware that your Information, including your Personal Information, may betransferred to, processed, maintained, and used on computers, servers, andsystems located outside of your state, province, country, or other governmentaljurisdiction where the privacy laws may not be as protective as those in yourjurisdiction. If you are located outside the United States and choose to usethe App, you hereby irrevocably and unconditionally consent to such transfer,processing, and use in the United States and elsewhere.

14.  AppStores; External Websites. Your app store (e.g., iTunes or Google Play) may collect certaininformation in connection with your use of the App, such as PersonalInformation, Payment Information, Geolocational Information, and otherusage-based data. We have no control over the collection of such information bya third-party app store, and any such collection or use will be subject to thatthird party’s applicable privacy policies. The App may contain links tothird-party websites. We have no control over the privacy practices or thecontent of these websites. As such, we are not responsible for the content orthe privacy policies of those third-party websites. You should check theapplicable third-party privacy policy and terms of use when visiting any otherwebsites.

15.  Children. The App is not directed to childrenunder the age of 13. We adhere to the Children’s Online Privacy Protection Act(COPPA) and will not knowingly collect Personal Information from any childunder the age of 13. We ask that minors (under the age of 13) not use the App.If a child under the age of 13 has provided us with Personal Information, aparent or guardian of that child may contact us and request that suchinformation be deleted from our records.

16.  CaliforniaPrivacy Rights: Shine theLight Law. Under California Civil Code Section 1798.83, California residentswho have an established business relationship with us may choose to opt out ofour sharing their contact information with third parties for direct marketingpurposes. If you are a California resident and you wish to opt out, please sendan e-mail to: hello@mindsurf.ai with “CA Privacy Rights” in the subject line.

17.  Do-Not-Track.(“DNT”) is a settingoffered by some web browsers. DNT signals are not yet uniform, so we, like manyother website operators, do not currently recognize or respond to DNT signals.

18.  California Privacy Law: Do Not Track. We do not monitor, recognize, or honor anyopt-out or do not track mechanisms, including general web browser “Do NotTrack” settings and/or signals.

19.  Changesto This Privacy Policy.This Privacy Policy is effective as of the date stated at the top of thisPrivacy Policy. We may change this Privacy Policy from time to time. Any suchchanges will be posted on the App. By accessing the App after we make any suchchanges to this Privacy Policy, you are deemed to have accepted such changes.Please be aware that, to the extent permitted by applicable law, our use of theInformation is governed by the Privacy Policy in effect at the time we collectthe Information. Please refer back to this Privacy Policy on a regularbasis.

20.  How to Contact Us. If you have questionsabout this Privacy Policy, please e-mail us at: hello@mindsurf.ai with “PrivacyPolicy” in the subject line or mail us at the following address: