Privacy Policy

Privacy Policy and Terms

Last Updated: June 27, 2021

Effective: November 01, 2017.

We care about our customers and know that your privacy is important to you. This Privacy Policy (“Privacy Policy”) is our way of sharing how we collect your information, why we need it, and how we use it.

Scope of Application

This Privacy Policy applies to your use of our websites and mobile websites (together, the “Site”) and our mobile applications (together, the “App,” and together with the Site, the “Service”). The Service includes websites and mobile applications operated by Mobile Wellness Inc. and its affiliated brands, including Mobile Mental Wellness, LLC (“Mobile Wellness Incorporated”, “we” or “us”). If you visit another website or mobile application, including another Mobile Wellness Incorporated website or mobile application, the privacy policy of that website or mobile application will apply. Please review the privacy policy of that website or mobile application to understand how that website or mobile application operator processes your information.

This Privacy Policy also applies to the information you provide to us after being presented with or directed to this Privacy Policy. This could be, for example, when you share your information with our service representatives (e.g. a customer service agent or other support staff person) or send us a letter, email or chat.

Information We Collect and How We Use Your Information

There are three general categories of information we collect: (1) Information you give to us; (2) Information we automatically collect from your use of the Site or the App; (3) Information we collect from third parties.

We use your information in several different ways. What we do with your information depends on when we collect it and what we collect.

Information you give to us

  • Your name and contact details (such as your email address, mailing address, phone number, and password)
  • Additional profile information (such as date of birth, gender, location, and preferred language)
  • Your payment information (such as your credit/debit card number, security/CVV code, and expiration date)
  • Your financing information (such as social security number, date of birth, and income)
  • Your communications and contact history with us (such as service call recordings, chat and instant messages, or communications with our social media channels)
  • Other information (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content)

When We Share Your Information

We share your information with the following categories of recipients as an essential part of being able to provide the Site, the App, the Service and related services and offerings, including customer service, to you:

  • Mobile Wellness Incorporated subsidiaries and affiliates.
  • Companies and individuals that help us deliver our products and services to you, such as suppliers, payment service providers, logistics professionals, and delivery and freight companies.
  • Professional service providers who help us run our business, such as marketing companies, insurance plan providers, software vendors, consultants, and advertising partners.
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us) and payment processors or financing providers and card issuing banks if you choose to use their services or offerings.
  • Government and law enforcement agencies, to (i) comply with a legal process, subpoena, order, or other legal or regulatory requirement; (ii) enforce our Terms of Use or other policies; or (iii) pursue available legal remedies or defend legal claims.

We share your information with third parties only as described in this Privacy Policy, with your consent, or as disclosed at the time we collect your information. We may anonymize your information and share such anonymized information with third parties for any purpose permitted by applicable laws.

Our Cookie Policy

We use cookies when you visit our Site and App to analyze traffic, optimize performance and content and to provide an integrated and more personalized shopping experience for customers. Cookies are small text files that are stored by your Internet browser on your computer. While our cookies may change from time to time, we generally use the following types of cookies:

  • Functionality cookies, which allow you to navigate the site and use our features.
  • Analytics cookies, which allow us to measure, analyze and understand how our customers use the Site and to identify ways to improve both its functionality and your shopping experience. For example, we use Google Analytics to help us evaluate your use of the Site, to compile reports on website activity, and to provide other services related to website activity and internet usage. To learn how Google Analytics collects and processes data, please visit: “How Google uses information from sites or apps that use our services” located at www.google.com/policies/privacy/partners.
  • Customer preference cookies, which help us remember your preferences (like your language or location) and make your experience more personalized to you.
  • Targeting or advertising cookies, which allow us to deliver digital ads relevant to you. These types of cookies also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We use cookies to help us identify and retarget users who may be interested in our products, services or offerings both on our Site and on third party websites. For example, we use proprietary technology to specifically target users by creating advertising material based on the users’ previous behavior. To disable interest-based ads, please see Direct Marketing and Behavioral Advertising below.

You can prevent the use of cookies by changing the settings in your web browser so that (i) it does not accept new cookies, (ii) it informs you about new cookies, or (iii) it deletes all already received cookies. By deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Site (such as storing items in your Cart between visits, customizing your website experience, and making marketing messages more relevant).

We also use web beacons to help us identify your computer and evaluate user behavior, such as reactions to promotions. Web beacons are small GIF files that can be embedded in other graphics, emails, or similar. To prevent web beacons on our site, you can use tools such as AdBlock Plus. To prevent web beacons in emails, please set your mail program so that no HTML is displayed in messages.

Direct Marketing and Behavioral Advertising

We may directly send you marketing communications and materials by email, postal mail and other channels to keep you informed of new products, promotions, and to provide other information we think may be of interest to you.

We may also display tailored interest-based advertising on both Mobile Wellness Incorporated-owned and operated sites and unaffiliated sites. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain Mobile Wellness Inc. content or ads, interacting with Mobile Wellness Inc. tools, or using our payment services. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience service.

We offer you choices about receiving interest-based ads from us.

Blogs, Reviews and Forums

The Service also may from time to time offer publicly-accessible blogs, reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them.

Our Security Measures

The security of your information is important to us. We use appropriate technical and organizational safeguards to protect your information from unauthorized use, disclosure, and loss. Encryption technology, including current industry-standard encryption protocols, is used to protect personal information in certain areas of our websites during transmission across the Internet. We use a PCI-compliant payment service provider over a secured network.

We encourage you to take reasonable measures to protect your password and your computer to prevent unauthorized access to your account. Remember to sign out of your account and close your browser window if you are using a shared computer in a public place such as a library or an Internet cafe.

Keeping Your Information

We will keep your information for as long as you have an account or as long as we need it to fulfill the purpose for which it was collected or disclosed to you at the time of collection. We may also keep some of your information as required to meet legal or regulatory requirements, resolve disputes, prevent fraud or abuse, enforce our Terms of Use, or for other permissible purposes.

When we no longer have a need to keep your information, we will either delete it from our systems or anonymize it so that it no longer identifies you.

Children’s Privacy

The Site, App and Service are not directed to children, and we do not knowingly collect information from children under 13. If you are a parent or guardian and believe that we have information about your child, please contact us. To learn more about how to protect your child online, visit the FTC’s www.OnGuardOnline.gov.

Visitors from Outside of the United States

The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time to reflect new ways that we process your information. When we post modifications to this Privacy Policy, we will revise the “Last Updated” date at the top of this page. The modified Privacy Policy will be effective immediately upon posting on the Service. If we make significant changes that affect your information, we will provide you notice of such changes through the Site, the App, by email, or some other means of contact. We encourage you to periodically review this page for the latest information on our privacy practices.

How to Contact Us

We always want to hear from our customers – especially with questions, comments or concerns about our privacy practices. Please don’t hesitate to contact us at (574) 626-8223 or in writing at:

Mobile Wellness Incorporated
1101 Cumberland Crossing Dr. #108
Valparaiso, IN 46383

Terms of Use

Last Updated: June 27, 2021

Welcome to Mobile Wellness Incorporated!

Mobile Wellness Incorporated and its affiliated brands, including Mobile Mental Wellness LLC,(“Mobile Wellness Incorporated”, “we” or “us”) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites“) subject to your compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between Mobile Wellness Incorporated and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between Mobile Wellness Incorporated and you. Please see the Legal Disputes section for complete details.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to Mobile Wellness Incorporated. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Mobile Wellness Incorporated does, however, reserve the right at all times to disclose any information as Mobile Wellness Incorporated deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

Mobile Wellness Incorporated reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of these Terms of Use.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Mobile Wellness Incorporated, including but not limited to, Mobile Mental Wellness, LLC, the Mobile Wellness Incorporated design logo (collectively, the “Mobile Wellness Incorporated Marks“). Any use of the Mobile Wellness Incorporated Marks without the prior written permission of Mobile Wellness Incorporated is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Mobile Wellness Incorporated Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content“), are the sole and exclusive property of Mobile Wellness Incorporated.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

Mobile Wellness Incorporated uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products, services and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Mobile Wellness Inc. that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Mobile Wellness Inc.to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Mobile Wellness Inc.’s Acceptable Use Policy set forth below.

As between you and Mobile Wellness Inc., you will retain all of your ownership rights in and to your User Content. By submitting User Content to Mobile Wellness Inc., you hereby grant to Mobile Wellness Inc.a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Mobile Wellness Inc. (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

Mobile Wellness Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Mobile Wellness Inc. reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Mobile Wellness Inc. has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. Mobile Wellness Inc. takes no responsibility for User Content.

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Mobile Wellness Inc. all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Mobile Wellness Inc.; (iv) impersonate any person or entity, including but not limited to, a representative of Mobile Wellness Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Mobile Wellness Inc. reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Mobile Wellness Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Mobile Wellness Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites. Mobile Wellness Inc. reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Mobile Wellness Inc. sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Links to Other Websites

The Sites may contain links to third-party websites (“Other Sites“) that are not under Mobile Wellness Inc. control. Mobile Wellness Inc. makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Mobile Wellness Inc. provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Mobile Wellness Inc. of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Mobile Wellness Inc. (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms“) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Mobile Wellness Inc. By agreeing to receive SMS messages from Mobile Wellness Inc., you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Communications with Mobile Wellness Inc.

For all communications made to or with Mobile Wellness Inc., including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Mobile Wellness Inc. will have no obligation to protect your communications from disclosure; (ii) Mobile Wellness Inc. will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Mobile Wellness, Inc. will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold Mobile Wellness Inc. and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

Mobile Wellness Inc. intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, MOBILE WELLNESS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT WILL MOBILE WELLNESS INC. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MOBILE WELLNESS INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Mobile Wellness Inc. is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Mobile Wellness Inc., in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Mobile Wellness Inc. believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Mobile Wellness Inc. also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Mobile Wellness Inc. may bar any further access to the Sites. Further, you agree that Mobile Wellness Inc. will not be liable to you or any third-party for any termination of access to the Sites.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 18 TO USE THE SITES. By using the Sites, you affirm that you are over age 18. If you are under age 18, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.

Jurisdictional Issues

The Sites are operated by Mobile Wellness Inc. from its offices in Valparaiso, Indiana, USA. The Sites are intended for users who reside in the United States of America. Mobile Wellness Inc. makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Mobile Wellness Inc. reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Mobile Wellness, Inc. with respect to use of the Sites and supersede any prior agreements between you and Mobile Wellness, Inc. relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Mobile Wellness, Inc’s. prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a Mobile Wellness, Inc. of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Mobile Wellness, Inc.’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Mobile Wellness, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Mobile Wellness, Inc. with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to the system administrator at (574) 626-8223.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us at (574) 626-8223.

SUBSCRIPTION TERMS:

Mobile Wellness, Inc. is devoted to safeguarding our customers and employee private information and ensuring the highest level of confidentiality of records. This Privacy Policy describes the information we collect, how we use it, and the standards and procedures in place to safeguard your personal nonpublic information.

Mobile Wellness, Inc., its personnel, and its affiliates strictly adhere to this Privacy Policy and the security practices and procedures described herein to ensure the confidentiality of customer information. It is Mobile Wellness, Inc.’s  policy to comply with all federal and state laws and regulations relating to the privacy of our customers’ private information (PI) and private health information (PHI).

We receive a number of different types of information about you, including:

The information that’s required when you sign up for the site, as well as the information you choose to share.

If you are coming to the site through an employer or insurer payor such as an Employee Assistance Program (EAP) then there is additional information collected by these Parties. This information is typically collected to confirm your eligibility with the EAP or network benefit administrator and is not shared with your Provider (who will collect your contact information separately). Further, your Employer or the Employer of the subscriber of your benefits will not be provided this information (you likely already gave them similar information in your employee file unless you are a family member of an eligible employee).

Except as permitted by law or as otherwise described below, Mobile Wellness, Inc.  does not disclose any PI/PHI about its customers, or former customers, or employees, to anyone. Mobile Wellness, Inc. does not sell lists or customer information.

Mobile Wellness Inc. collects, retains, and uses PI/PHI from customers to include the following: 

  • The information that’s required when you sign up for the site, as well as the information you choose to share.
  • Required information such as your name, email address, birthday, and gender. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
  • Usernames and User IDs, which are a way to identify you on Mobile Wellness Inc. A User ID is a string of numbers and a username generally is some variation of your name.
  • “Public Information” which means the information you choose to make public, as well as information that is always publicly available.
  • Information posted to a group chat or moderated session and information kept within a one on one session.
  • “Contact Information” is personal information and or family/friend/relation that Mobile Wellness Inc. stores confidentially for your Therapist to access in case of an emergency or mental health crisis.
  • Information Mobile Wellness Inc. receives on forms, including, but not limited to, identifying information such as address, telephone number, e-mail address related to customer projects;
  • Banking information for billing purposes; such as account # and routing information for invoicing purposes

Information Mobile Wellness Inc. Collects for Employees and Sub-Contractors

Federal law requires us to obtain, verify, and record personal information – such as your name, address and date of birth – in order to confirm your identity, social security number and banking information.

Mobile Wellness Inc. collects, retains, and uses PI from employees and subcontractors including the following:

  • Information Mobile Wellness Inc. receives on applications or other forms, including, but not limited to, identifying information such as address, telephone number, e-mail address, social security number, date of birth, mother’s maiden name, medical history;
  • Federal Tax ID #;
  • Medical records;
  • Investment information;
  • Background security checks

Information Mobile Wellness Inc. May Share

We keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies or during an emergency circumstance as judged by your Therapist working with local authorities). Generally, we only use your information within our company. However, sometimes we use third parties to process your information (for example as credit card payment providers). We require these third parties to comply strictly with its instructions and we require that they not use your personal information for their own business purposes.

Disclosure of Personal Information

We do not share nonpublic personal information about our customers (present, former and potential) with anyone, except as required by law, or as follows:

  • To any person when you authorize such disclosure;
  • To computer services consultants and technicians or other security consultants, in

order to ensure the confidentiality and security of customer & employee records;

  • To financial service providers or consultants to carry out requested services,

and/or to protect against or prevent actual or potential fraud, unauthorized

transactions, claims, or other liability;

  • To independent auditors or consultants in order to carry out institutional risk

control;

  • To government or regulatory agencies, including self-regulatory organizations

and to comply with a legal summons, court order, subpoena or a similar legal

process, audit or investigation;

  • To swap data repositories

Protection: How We Protect Personal Information

We restrict access to information about you to those employees and subcontractors who need to know that information as part of their job responsibilities. We also educate our employees and subcontractors about the importance of confidentiality and customer privacy through standard operating procedures, special training programs, and our Code of Conduct. We take appropriate disciplinary measures to enforce employee and subcontractors privacy responsibilities. We have developed precautions that comply with federal regulations to ensure the security and confidentiality of customer records and information, to guard against any anticipated threats or hazards to the security or integrity of such records, and to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to our customers or our employees and subcontractors.

Mobile Wellness Inc. maintains strict information security procedures, including physical, electronic and procedural safeguards, to protect the confidentiality of your information. We conduct semi-annual Risk Privacy Assessments and remediate to update our technology to improve the protection of information storage.

Subscription Terms

You agree that services are provided by Mobile Wellness Inc. staff and it’s affiliates. Services are provided as described in the option you choose. Your membership payments will be charged to a credit card or PayPal on a recurring basis. If you accomplish your goals or if you find online counseling with Mobile Wellness, INC. to no longer be helpful for any reason, you can simply cancel the subscription.

 If you consider using your health insurance, please check your coverage carefully by asking the following questions:

  • Do I have mental health insurance benefits?
  • What is my deductible and has it been met?
  • How many sessions per year does my health insurance cover?
  • What is the coverage amount per therapy session?
  • Is approval required from my primary care physician?

Please note that Mobile Wellness offers very affordable pricing options which are typically comparable with the co-pays of most insurance plans. To use your health insurance call the office at 866.413.1988 for more information.

RETURNS/REFUNDS

Thanks for purchasing our products at mwiservices.org operated by Mobile Wellness Inc.

Due to the nature of our business and products we sell, there are no returns or refunds.

If anything is unclear or you have more questions, feel free to contact our customer support team at (574) 626-8223.

Privacy Policy and Terms

Last Updated: June 27, 2021

Effective: November 01, 2017.

We care about our customers and know that your privacy is important to you. This Privacy Policy (“Privacy Policy”) is our way of sharing how we collect your information, why we need it, and how we use it.

Scope of Application

This Privacy Policy applies to your use of our websites and mobile websites (together, the “Site”) and our mobile applications (together, the “App,” and together with the Site, the “Service”). The Service includes websites and mobile applications operated by Mobile Wellness Inc. and its affiliated brands, including Mobile Mental Wellness, LLC (“Mobile Wellness Incorporated”, “we” or “us”). If you visit another website or mobile application, including another Mobile Wellness Incorporated website or mobile application, the privacy policy of that website or mobile application will apply. Please review the privacy policy of that website or mobile application to understand how that website or mobile application operator processes your information.

This Privacy Policy also applies to the information you provide to us after being presented with or directed to this Privacy Policy. This could be, for example, when you share your information with our service representatives (e.g. a customer service agent or other support staff person) or send us a letter, email or chat.

 Information We Collect and How We Use Your Information

There are three general categories of information we collect: (1) Information you give to us; (2) Information we automatically collect from your use of the Site or the App; (3) Information we collect from third parties.

We use your information in several different ways. What we do with your information depends on when we collect it and what we collect.

Information you give to us

  • Your name and contact details (such as your email address, mailing address, phone number, and password)
  • Additional profile information (such as date of birth, gender, location, and preferred language)
  • Your payment information (such as your credit/debit card number, security/CVV code, and expiration date)
  • Your financing information (such as social security number, date of birth, and income)
  • Your communications and contact history with us (such as service call recordings, chat and instant messages, or communications with our social media channels)
  • Other information (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content)

When We Share Your Information

We share your information with the following categories of recipients as an essential part of being able to provide the Site, the App, the Service and related services and offerings, including customer service, to you:

  • Mobile Wellness Incorporated subsidiaries and affiliates.
  • Companies and individuals that help us deliver our products and services to you, such as suppliers, payment service providers, logistics professionals, and delivery and freight companies.
  • Professional service providers who help us run our business, such as marketing companies, insurance plan providers, software vendors, consultants, and advertising partners.
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us) and payment processors or financing providers and card issuing banks if you choose to use their services or offerings.
  • Government and law enforcement agencies, to (i) comply with a legal process, subpoena, order, or other legal or regulatory requirement; (ii) enforce our Terms of Use or other policies; or (iii) pursue available legal remedies or defend legal claims.

We share your information with third parties only as described in this Privacy Policy, with your consent, or as disclosed at the time we collect your information. We may anonymize your information and share such anonymized information with third parties for any purpose permitted by applicable laws.

Our Cookie Policy

We use cookies when you visit our Site and App to analyze traffic, optimize performance and content and to provide an integrated and more personalized shopping experience for customers. Cookies are small text files that are stored by your Internet browser on your computer. While our cookies may change from time to time, we generally use the following types of cookies:

  • Functionality cookies, which allow you to navigate the site and use our features.
  • Analytics cookies, which allow us to measure, analyze and understand how our customers use the Site and to identify ways to improve both its functionality and your shopping experience. For example, we use Google Analytics to help us evaluate your use of the Site, to compile reports on website activity, and to provide other services related to website activity and internet usage. To learn how Google Analytics collects and processes data, please visit: “How Google uses information from sites or apps that use our services” located at www.google.com/policies/privacy/partners.
  • Customer preference cookies, which help us remember your preferences (like your language or location) and make your experience more personalized to you.
  • Targeting or advertising cookies, which allow us to deliver digital ads relevant to you. These types of cookies also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We use cookies to help us identify and retarget users who may be interested in our products, services or offerings both on our Site and on third party websites. For example, we use proprietary technology to specifically target users by creating advertising material based on the users’ previous behavior. To disable interest-based ads, please see Direct Marketing and Behavioral Advertising below.

You can prevent the use of cookies by changing the settings in your web browser so that (i) it does not accept new cookies, (ii) it informs you about new cookies, or (iii) it deletes all already received cookies. By deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Site (such as storing items in your Cart between visits, customizing your website experience, and making marketing messages more relevant).

We also use web beacons to help us identify your computer and evaluate user behavior, such as reactions to promotions. Web beacons are small GIF files that can be embedded in other graphics, emails, or similar. To prevent web beacons on our site, you can use tools such as AdBlock Plus. To prevent web beacons in emails, please set your mail program so that no HTML is displayed in messages.

The Service also may from time to time offer publicly-accessible blogs, reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them.

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