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Mindwell Privacy Policy

Effective Date: April 1, 2019

We take your privacy very seriously. The following are the privacy policies of Monclarity, LLC, Mindwell.training and Monclarity.com (further referred to as “Company”).

Company will be collecting two types of information from you: we collect non-personal information every time you visit our Website or communicate with us over the Internet; and we collect personal information from you only when you engage in a transaction or download software from our site. We explain how we collect and use both types of information below.

The Personal Information Collected

Personal information is information that is unique to you, such as your name, address, e-mail address, phone number and credit card number. The following are the ways in which we collect personal information:

  • Transaction Information In order to complete a software purchase, you will be asked to share with us information required to complete the transaction successfully, such as billing and shipping addresses, credit card number and expiration date, etc.
  • Download Information Each software download started by you generates a unique serial number. If you purchase a license to a product, the serial number will be used to protect the copyright of the software and prevent piracy.

How Personal Information Is Used

When you make a purchase, we use your information in the following ways:

  • Your personal information will be shared with third parties involved in facilitating or completing the transaction (for example, credit card authorization companies, the publisher of the software and, if applicable, the owner of the Website that you were visiting when you clicked on a promotion for the software you are downloading).
  • Company will send you, from time to time, e-mail or mail on topics, including: (i) information regarding your purchase, such as news of software patches or updates; (ii) news regarding updates to our Websites; and (iii) details regarding any special promotions sponsored by Company, such as rebates, sweepstakes and gift promotions.

If you opt-in to a subscription or mailing list then Company and the third parties described above who receive your information will use your information in the following ways:

  • Company will send you e-mails and mail on special promotions that we believe will be valuable to you, including e-mails promoting special software deals, sponsored by Company or third parties. Third parties will send you e-mails and mail on special promotions that they believe are valuable to you. Company and third parties may conduct market research analysis in relation to mailing list subscribers.

We may also make the following general uses of your information:

  • We may use independent contractors to provide services on our behalf, for example credit card processing and market research analysis. These third parties may have access to your information in the course of providing these services on behalf of Company. Any personal information we provide to such third parties is protected under confidentiality agreements.
  • We may disclose your personal information to authorities (i) if you violate our Terms of Use or any law, rule, or regulation, or (ii) if required by law or regulatory authority (for example, court order or subpoena). In the event that Company or certain of our assets are acquired, your personal information may be one of the transferred assets.

Use of your personal information by third party contractors when working on behalf of Company shall be subject to our Privacy Policy. Use of your personal information by other third parties who receive your information will be in accordance with their privacy policies.

You may unsubscribe from Company’s promotional mailing list at anytime by following the unsubscribe instructions that appear in each e-mail that you will receive from Company. To unsubscribe from the mailing lists of third parties you will need to follow their stated unsubscribe processes.

Many questions regarding your purchase history and assistance with your software can be answered by submitting your question via our “Support” form on our website. If you would like access to other information and records that Company retains in relation to you please contact us using our “Contact Us” form on our website. Please be aware that information will not be released in response to a request until Company has verified the authenticity of the request and received payment of a modest fee due for each request. Once you have received the information and records you have requested you may request that they be changed, updated or removed. However, you should be aware that it is not technologically possible to remove or verify each and every record of the information you have provided to us and that any changes or deletions will not affect the information we have provided to third parties in accordance with this policy prior to such change or deletion. The need to back-up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate.

What We Won’t Do With Personal Information

Company will not sell or rent your personal information to any third parties unconnected with your purchase of the software.

Where Your Information is Used

When you provide us with your information you acknowledge that this information may be stored and processed on servers located anywhere in the World, including either inside or outside of the USA or the European Economic Area (“EEA”). You consent to your information being transferred outside the USA and EEA and being stored and processed at our discretion on any of our servers wherever located.

Security

Because security is important to us, we exercise care in providing secure transmission of your personal information before it is transferred across the Internet from your personal computer to our secure servers. We use industry-standard, secure-socket-layer (SSL) technology, which is utilized by most popular browsers, including Mozilla Firefox and Microsoft Internet Explorer, to encrypt (or convert into code) most of your personal information before it is transferred across the Internet. To further safeguard your most sensitive credit card information, we transfer such information across the Internet in an encrypted format and then store such information in our databases. Remember to close your browser window when you have finished a purchase in order to ensure that others cannot access your personal information. We will permit only authorized employees, who are trained in the proper handling of personal data, to access your personal information.

To further protect your personal information, we have a security system that includes: firewall technologies; logical network segmentation, allowing restricted access to stored profile information; encryption; and logical and physical security restrictions to our databases and systems.

However, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

Other, Non-Personal Information Collected and Used

Like many other Internet sites, we automatically collect non-personal information regarding our visitors, such as software client information (for example, IP addresses, browser versions and operating systems) and aggregate information (for example, number of pages accessed) in order to analyze Web traffic and usage trends. Information of this nature does not pertain to your specific identity and is not associated with your personal information.

To enhance your experience on our Web pages, Company and our third party advertiser(s) commonly employ Internet technologies, such as “cookies”, to collect and store non-personal information about our visitors. “Cookies” are small pieces of information that are transferred by a website and stored by your Web browser on your computer’s hard drive. With most browsers, you can set the preferences to show a warning each time a cookie request is received. You can also set the browser not to accept cookies at all. However, because we won’t be able to personalize your experience if we cannot recognize you, we suggest that you allow your browser to accept cookies.

Cookies and Web beacons (also called “pixel tags”) may be used by Company to determine how you reached us and to track your usage patterns once you are on our Web pages or Website. We may also provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information about other users. For example, we might inform third parties regarding the number of unique users who have purchased software from Company and the demographic breakdown of our user community.

What Is Not Covered By This Privacy Policy

Except as stated above, this Privacy Policy does not apply to the practices or policies of any third parties, such as companies or entities that we do not own or control, and does not apply to any links to sites that are not maintained by us, or to people that we do not employ or manage.

Questions, Comments or Concerns

If you have additional questions or concerns regarding our Privacy Policy, please contact via any of the methods below:

  • By web-form: using “Contact Us” forms on our website
  • By e-mail: support@monclarity.com

Privacy Policy Updates

This privacy policy has been in effect since January 1, 2013. We may, in our sole discretion, revise this Privacy Policy at any time; all such revisions shall be effective when posted on the www.monclarity.com Web site. If we change the way your personal information will be used, we will post an announcement on our homepage. We encourage you to periodically review this Privacy Policy in order to keep apprised of our current privacy practices.

BY USING OUR WEBSITE, PLAYING OUR GAMES OR PURCHASING A SUBSCRIPTION YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND OF US PROCESSING YOUR INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE OR PURCHASE THE SOFTWARE.

TERMS & CONDITIONS OF USE

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SITE (www.mindwell.live) (the “Terms of Use”). By accessing or using this Site, you, the user of this site, agree to the Terms of Use. If you do not accept all of the Terms of Use, do not use this Site. Monclarity, LLC and Monclarity.com (herein “Company”), in its sole discretion, may add, delete or change some or all of the features of this Site (including the provisions of the Terms of Use) or Company’s products and services from time to time, and at any time. Your use of this Site will be subject to the most current version of the Terms of Use posted on this Site at the time of such use, whether or not you have reviewed them. If you fail to comply with any of the Terms of Use, your authorization to use this Site will automatically and immediately terminate.

The Content on This Site

This Site may include data, information, press releases and other communications, documents, code, software, photos, text, video, graphics, music, sounds, images, logos and other material (the “Content”). This Site and the Content are intended only as a source of information concerning Company and its products and services. The Content should not be considered complete, nor should it be relied upon. This Site may be accessed from other countries around the world and may contain references to Company products, services, and programs that have not been made available in your country.

The Links of This Site

This Site contains links to other Websites which may be of interest to you. Company does not review or monitor any Websites linked to this Site and is not responsible for the content or activities of any such linked Web sites. Company is providing these links solely as a convenience to you. Your linking to such Websites is at your own risk.

Company Standards

You agree that any information or other material that you post, transmit or otherwise make available through Company: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory toward Company or any Company advertiser or licensor unless such information or other material can be supported by documented facts; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Your Information and Privacy Policy

You agree that any information you provide to Company, including without limitation, any information you provide when you register for a Company service, purchase a product, or contact Company shall be accurate and truthful. Company will collect, store, use and disclose any personal information you provide to it in accordance with its then current Privacy Policy, available on this Site.

Copyright Infringement

If you believe that any information or content owned by you has been used on this Site in a manner that constitutes copyright infringement, please provide support@mindwell.live or Company’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information: an electronic or physical signature of the owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on this Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s Copyright Agent for notice of claims of copyright infringement on this Site is: support@mindwell.live.

Intellectual Property/Ownership and Use of Content

The Content used and displayed on this Site, as well as the design and layout of this Site, are the property of Company or its licensors or its partners and are protected by copyright, trademark and other laws. In addition to Company and its licensors’ rights in individual elements of the Content with this Site, Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content may be displayed and printed solely for your personal, internal and non-commercial use. You may not reproduce, modify, retransmit, distribute, disseminate, circulate, publish, broadcast, perform or sell any such Content, whether in whole or in part, without the prior written permission of Company or the third party owner of such Content – except for downloadable games and software which are subject to the terms and conditions outlined in their individual End User License Agreements. Except for the foregoing express, limited license, Company does not grant to you any right or license in respect of this Site or the materials, data or other Content used and displayed on this Site. You also may not remove any copyright or other proprietary notices contained in any documents or other Content provided on this Site.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site. You may not take any action which imposes an unreasonable or disproportionately large load on this Site or Company’ infrastructure. You agree that you will not use any robot, spider or other automatic device or manual process to monitor, deep link with or copy Company’ Web pages or the Content contained on this Site without Company’ prior written consent. Company reserves its right to waive this restriction in its sole discretion and without prejudice on a case-by-case basis.

No Warranty

COMPANY PROVIDES THIS SITE AND THE CONTENT CONTAINED ON THIS SITE “AS IS” AND “AS REASONABLY AVAILABLE” WITH NO GUARANTEES OF ACCURACY, COMPLETENESS OR TIMELINESS, AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS TO THIS SITE.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

Limitation of Liability

USE OF THE SITE OR THE CONTENT PROVIDED ON THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR CONTENT CONTAINED ON THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’ AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

Termination and Limitation of Access

Company reserves the right to terminate or limit your access to this Site for any reason or for no reason.

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and the Company’ products and services.

Integration

These Terms of Use, the Privacy Policy, the End User License Agreement(s), and any other terms referenced in these Terms of Use constitute the entire agreement between you and Company with respect to your access and use of this Site and Company’s products and services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Company with respect to this Site or Company’s products or services.

Severability

If any of the provisions of these Terms of Use are determined to be invalid, unlawful or unenforceable in any jurisdiction, then that provision shall, as to such jurisdiction, be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining provisions shall remain in full force and effect.

Successors

Company may at any time assign or transfer its rights under these Terms of Use to purchasers or other successors of its business.

Applicable Law and Choice of Forum

This Site is controlled by Company from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, USA, and applicable U.S. federal law, without regard to any conflict of law provisions. Company makes no representation that the content in this Site is appropriate for access outside of the United States. You agree that any action at law or in equity arising out of or related to your use of this Site or the Content or these Terms of Use shall be filed only in the state or federal courts located in San Francisco and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Submission of Suggestions and Ideas

In order to avoid any possible future confusion between proposals from third parties and our own proposals, and unless we have advertised for suggestions and ideas on our website, it is our company policy not to accept any proposals concerning our products and/or services from third parties.

In the event that you submit a proposal, such proposals will be treated with the assumption that you have agreed to the following terms:

  • Company has no obligation to maintain confidentiality regarding the proposal.
  • Company has no obligation to examine, evaluate or adopt the proposal.
  • If Company announces or releases services or products which are partly or completely the same as or similar to suggestions made or ideas submitted by you to us, Company shall be under no obligation nor be liable to make any compensation to you.

Monclarity LLC
500 Airport Boulevard, Suite 455
Burlingame, California 94010
Email: support@mindwell.live

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