Privacy Policy

Last Updated: February 7, 2022

About Kindful Body

Marcella Cox Marriage and Family Therapy Inc. DBA Kindful (“Kindful Body”) is a collaboration of experienced eating disorder clinicians dedicated to providing compassionate, trauma-informed care. We provide online therapy and nutrition counseling in California. Our mission at Kindful Body is to help clients heal the parts of themselves that keep them stuck in their disordered eating behaviors, so they can make the changes they desire to live with more balance, authenticity, and ease.

This Privacy Policy describes how we collect, use, disclose and otherwise process personal information we obtain in connection with the services we provide, including through our website, located at www.kindfulbody.com, (the “Website”) and any Kindful Body-owned mobile applications that link to this Privacy Policy. It does not apply to information collected by Kindful Body offline or through any other means, including on any other website or social media platform profile operated by Kindful Body, or through any third-party application or content that may link to or be accessible through the Website (such as our SimplePractice client portal).

Please note that some of the services we provide are governed by the Health Insurance Portability and Accountability Act (“HIPAA”). When we provide services covered by HIPAA, you will receive a separate HIPAA privacy notice, which will govern the collection, use and disclosure of your protected health information. To the extent there are inconsistencies between the HIPAA privacy notice you receive and this Privacy Policy, the HIPAA privacy notice will govern.

Please read this Privacy Policy carefully to understand our policies and practices regarding your “Personal Information” (as defined below in INFORMATION WE COLLECT) and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check the Privacy Policy periodically for updates.

Children Under The Age Of 13

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information to, or on, the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features/functionality. If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at connect@kindfulbody.com.

Information We Collect

We collect several types of information from and about users of our Website, including Personal Information, log data, device data.

Personal Information

We may collect Personal Information from you while you use this Website, including:

●     By which you may be personally identified, such as your name, mailing address, email address, telephone number, date of birth, and other identifying information that you choose to share with us by which you may be contacted online or offline ("Personal Information"); and/or

●     That is about you but individually does not identify you, such as your gender, marital status, and certain demographic information. This information is not considered Personal Information, as it is anonymized statistical data. We de-identify any patient data in accordance with applicable HIPAA requirements.

 Log Data

When you visit our Website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

Device Data

We may also automatically collect data about the device you’re using to access our Website. This data may include the device type, operating system, unique device identifiers, device settings, and location data. What we collect depends on the individual settings of your device and software.       

How We Collect Your Information

Information We Collect Automatically

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, as described above. The technologies we use for this automatic data collection may include cookies, flash cookies, or web beacons. For more information on these technologies, see our DATA COLLECTION POLICY below. The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it for any of the reasons listed in HOW WE USE YOUR INFORMATION.

Information You Provide Directly to Us

The information we collect on or through our Website may include:

●     Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website; and/or

●     Records and copies of your correspondence (including email addresses), if you contact us;

Information Provided to Us by Third Parties

If we receive Personal Information about you from a third party (for example, a third-party application or software), we will protect it as set out in this Privacy Policy. If you are a third party providing Personal Information about somebody else, you represent and warrant that you have such person’s consent to provide the Personal Information to us.

Data Collection Policy

The technologies we use for automatic data collection on this Website may include:

●     Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website;

●     Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; and/or

●     Web Beacons. Pages of the Website, and our emails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Kindful Body, for example, to count users who have visited those pages, or opened an email, and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

Third-Party Use Of Cookies And Other Tracking Technologies

Some content or applications on the Website are served by third-parties, including content providers and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

How We Use Your Information

We use your information for the following purposes:

1.    To provide you the services described in Terms of Use, including but not limited to:

●     Establish and maintain your account or user portal;

●     Facilitate your interaction with health care professionals and others at your request;

●     Provide information about our services through announcements, updates, security alerts, and support and administrative messages;

●     Understand your needs and interests, and personalize your experience with the services and our communications;

●     Provide support and maintenance for the services, analyze and improve our services and to develop new products and services;

●     To respond to your requests, questions and feedback.

2.    For research and public health purposes. We may use your personal information for research and public health initiatives, including to prepare for symposia, research publications, conferences, and scientific and educational events. In connection with this research, we will not disclose your name or contact details.

3.    To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

4.    For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

5.    ​​For internal record keeping and administrative purposes.

6.    With your consent. We may offer you opportunities to opt in to allow us to collect, use and share your information for other purposes, and we will do so only if you opt in. 

How We Share Your Personal Information

1.    Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the services (such as customer support, hosting, analytics, email delivery, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy and applicable law, and are prohibited from using or disclosing your information for any other purpose.

2.    Your family members, caregivers, and care team. By participating in our programs, you direct us to share some of your information with your family members, caregivers, and care team. Your care team may obtain the information about you through the services and store it in their own systems. The services may permit your care team to see the names and other identifying information about your other health care providers and their organizations to facilitate collaborative care.

3.    Third-party platforms. By enabling features or functionality that connect your account to a third-party platform (such as by logging in to the website or mobile application using your account with the third-party, providing your API key or similar access token for the services to a third-party, or otherwise linking your account with the services to a third-party’s services), you chose to disclose certain of your personal information with those platforms. We do not control the third party’s use of your personal information.

4.    For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

5.    For the purpose of establishing, exercising, or defending our legal rights. This may include sharing your information with: (a) debt collectors; (b) our legal counsel and/or prospective legal counsel; and/or (c) courts, tribunals, regulatory authorities, and law enforcement officers, as required by law.

6.    Business transfers.  We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

7.    With your consent. We may offer you opportunities to opt in to allow us to collect, use and share your information for other purposes, and we will do so only if you opt in. 

We may disclose aggregated, anonymized, statistical data and/or non-identifying information about our Website users without restriction.

Your Choices

We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms should help to provide you with control over your information:

●     Access or update your information. If you have registered to use our services, you may review and update certain personal information in your account profile by logging into the account or emailing us at connect@kindfulbody.com. We or the Website may not accommodate a request to change information if the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect.

●     Cookies and browser web storage. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the services may not work properly. Similarly, your browser settings may allow you to clear your browser web storage. 

●     Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Security

Kindful Body maintains organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. The Website is secured by TLS technology, and is stored on our secure, password protected servers behind firewalls. We have implemented a restricted employee access for all of our servers containing personally identifiable information.

Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

In the event that Kindful Body is required to notify you about a situation involving your data, we may do so by email or telephone to the extent permitted by law.

Data Retention

Kindful retains personal information for as long as necessary to (a) provide our services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of customer agreements.  

Job Applicants

When you visit the “Careers” portion of our website, we collect the information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. We may also use this information to provide improved administration of the website, and as otherwise necessary (a) to comply with relevant laws or to respond to subpoenas or warrants served on Kindful Body; (b) to protect and defend the rights or property of Kindful Body or others; (c) in connection with a legal investigation; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Kindful Body’s Terms of Use.

Other Sites and Services

For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by Kindful Body. These links are not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services, and are not responsible for their actions. Other websites and services follow different rules regarding the use or disclosure of the information you submit to them. We encourage you to read the privacy policies of the other websites you visit and services you use.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time by posting a new version online or within our application. You should check this page occasionally to review any changes. If we make material changes to this Privacy Policy, we will notify you by email, in-app notification, a notice on this website or another method that we believe is reasonably likely to reach you.

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Us

If you have any questions or concerns at all about our Privacy Policy, please contact us at: connect@kindfulbody.com or 2211 Post Street, Suite 300, San Francisco, California 94115.