privacy policy

TERMS & CONDITIONS

Miami Wellness Club, Inc. (“MWC,” “we,” “our, “us”) respects and values your privacy. Accordingly, MWC has established this Privacy Policy to explain and help you understand what information MWC collects from or about you, how MWC uses that information, with whom MWC shares that information and what choices you have when you interact or use any advertisements, forums, email functions, internet links, information, content, products, and services available through the domain and subdomains located at miamiwellness.club, MWC applications, including those for mobile devices, and the Information, Submitted Content, or Products (each as defined below) (collectively, the “Website”) and use the features, products and/or services offered on or through the Website (collectively, “Services”). MWC tailors the Website for individuals or entities who visit or use the Website (collectively, “Users”) for personal use and for individuals and entities that create an Account (as defined below) in order to use the Website to market or sell products and/or services (collectively, “Products”) to Users, on or through the Website (such Users are “Partners”). This Privacy Policy is incorporated into, governed by, part of, and subject to the MWC Terms of Use. All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Terms of Use.

The Website allows Users to set up unique profiles that can be used to post photos or comments, ask or answer questions, send any messages, submit any ideas or feedback, share content or information, or otherwise participate in any MWC forum, or submit any postings, messages, questions, text, articles, photos, audio/visual works, information, feedback, ratings, Reviews or content provided by you (collectively, “Submitted Content”). To enrich our Users’ experience, we display some User information to other Users and to Partners. Users can change their profile information at any time and can control how the Website communicates with them.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage. BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE CLOSE YOUR ACCOUNT AND/OR DO NOT USE THE SERVICES OR ACCESS THE WEBSITE.

If you have any questions concerning this Privacy Policy, please email us at legal@miamiwellness.club

A. Personal Information We Collect

MWC collects personal and non-personal information from Users. In order to use certain features and Services on or through the Website, Users must register for a password-protected account (“Account”). The kind of information that MWC collects from or about Users depends on a User’s interaction with the Website and whether the User is also a Professional.

1. User Information: When you create an Account, you will provide us with your first and last name and e-mail address. During the registration process, MWC will give you the opportunity to provide additional information to complete your profile, including, but not limited to, your gender, your interests, your photograph, date of birth, products or services in which you may be interested. We use this information to authenticate Users and to send notifications and relevant information to Users relating to the Website. We also may collect personal information that Users submit during their interaction with the Website or the Services therein.

2. Business Information: In order to promote its business, goods and/or products and/or services through the Website, a Professional must create a Partner Account. When you register to become a Partner, you will provide MWC with your business name, telephone number, complete address (including zip code), geographical preferences (where applicable), description of Products or Services that you offer, the first and last name of your contact person and his or her email address. During the registration process, MWC will give you the opportunity to provide additional information to complete your profile, including photographs, and other information that you wish to include in the Website. MWC also may collect payment information from you. By registering as a Partner, you also agree that MWC may obtain additional information from third parties to verify the information you provide during the registration process. At MWC’s sole discretion, this information from third parties may include, to the extent permitted by law, information about your credit from credit bureaus.

B. Information Collected from Social Networking Sites: Users have the option of creating an Account and logging into the Website by using their Facebook or Google+ account. If you choose to do so, we will request that you give us permission to access and collect your Facebook or Google+ basic account information, including your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and other public or non-public information, as applicable.

C. Additional Features: MWC may make other features available to sync information with MWC, for example, iOS and Android mobile applications that allow you to sync your device’s information with your Account on the Website. We may collect any information that you upload or sync with the Website. All such information is covered by this Privacy Policy.

D. Invitations and Other Communications to Non-Users: Users can invite others to access the Website and/or create Accounts by sending invitation emails via our automated invitation system. We store the email addresses that Users provide so that the respondents may be added to the list of the Users sending the invitations, and also to send reminders of the invitations. We do not sell these email addresses or use them to send any other communication besides invitations and reminders. Recipients of invitations may contact us to request the removal of their information from our database.

E. Cookies: We and our third-party service providers use cookies and similar technology to identify you, make it easier for you to use the Services or access the Website, increase our security, measure your use of the Services, aid in advertising, and to protect both you and MWC. Cookies enable us to collect information about your use of the Website and the Services, the amount of time you spend on the Website, the URL of the site you visited immediately prior to the Website, your viewing habits of the Website, your IP address and the type of device you are using. We use this information for Website analytics, to help us provide content, Services, or advertising that is consistent with your interests, to help us evaluate the success of our content, Services, or advertising or in any other way that is not inconsistent with this Privacy Policy. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set – each browser is different, so check the settings menu of your browser to learn how to change your cookie preferences. Please note, however, that some of the Services of the Website may not function properly when cookies are disabled. Your continued use of the Services or access of the Website serves as your consent to the placement of cookies in your browser in accordance with this Privacy Policy.

F. Web Beacons and other Mechanisms: There are other mechanisms we may use (such as web beacons and tags) that enable us to obtain certain usage information regarding the Services and the Website. When we send you e-mails, we may include a web beacon to allow us to determine the number of people who open our e-mails. When you click on a link in an e-mail, we may record this individual response to allow us to customize the Service offerings to you. Web beacons collect only limited information, such as a time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via e-mail. If you do not wish to receive web beacons via e-mail, you will need to disable HTML images or refuse HTML (select Text only) e-mails via your e-mail software. Although these mechanisms are similar to cookies, they are different in that they are not stored on your computer, and therefore cannot be disabled through your browser.

G. Do Not Track Signals: MWC does not currently incorporate a self-regulatory protocol with regards to internet browsers using Do Not Track signals nor does it impose any protocol on third parties with whom it may share User data.

H. Security Breaches: MWC does not anticipate any breaches within the Website or Services; however, if such breach occurs and any User data is acquired by an unauthorized person, then MWC will notify the respective User of the details via e-mail.

I. Third-Party Advertising: Advertisements appearing on the Website may be delivered to Users by MWC or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time it sends you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked on. This information allows an ad network to deliver targeted advertisements that it believes will be of most interest to you. This Privacy Policy covers the use of cookies by MWC and does not cover the use of cookies by any advertisers. From time to time, MWC or a partner may sponsor a promotion, sweepstakes or contest on the Website and Users may be asked to provide personal information, including name, email address or home address or to submit photographs or answer questions in order to participate. In addition, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from.

J. Submitted Content: MWC allows Users to submit or post Submitted Content on the Website, including comments, questions, reviews, ratings, photographs, and other information you choose to share or make available. Submitted Content may become public and available for other Users to view. MWC disclaims all warranty and liability against the publicity of Submitted Content and is not liable for any Submitted Content from being used in a manner that may violate this Privacy Policy or the law, by someone other than MWC.

K. Other User Information: Our website tracking program does not provide us with personal information about Users who have not created an Account; however, as is true of most websites, we gather certain information about all Users and store it in log files. This information includes aggregate User information, IP addresses, browser type, location, internet service provider, CPU speed, connection speed, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, on an aggregate, anonymous basis without identifying individual Users, to analyze trends, to administer the Website, to track Users’ movements around the Website and to gather demographic information about our User base as a whole. We do not link this automatic data to personally identifiable information, except, in rare instances, we reserve the right to use IP addresses for security and monitoring purposes, including to identify individuals who threaten the Website, MWC or others. As part of this use of information, we may provide aggregate, anonymous information to our partners about how our Users, collectively, use the Website to provide more relevant Products and advertisements to Users.

L. E-mail Security: Messages that you send to us by e-mail may not be secure. If you choose to send any confidential personal information to us via e-mail, you accept the risk that a third party may intercept and use this information.

M. Use of Information: The information we collect, both personal and aggregate, is used to provide a better experience for Users on the Website. Accordingly, we may use your information in the following ways:

  • To provide availability of the Website and its Services to you, including registering you as a User, verifying your identity and authority to use our Services, and to otherwise enable you to use our Website and the Services;

  • To provide customer support and to respond to any inquiries, questions or concerns you may have;

  • For internal record-keeping purposes;

  • To process billing and payment, including sharing third-party payment gateways in connection with the Website and/or Services;

  • To improve the Website and Services;

  • To send promotional emails to the email address you provided MWC;

  • To allow MWC to conduct market research and provide MWC with Website analytics;

  • To contact you via email, telephone, facsimile, or mail, or, where requested, by text message, to deliver certain services or information you have requested;

  • To resolve disputes between and amongst Users;

  • To resolve disputes between us and Users;

  • To protect ourselves and other Users of our Website and Services;

  • To enforce the Terms of Use;

  • To verify accuracy of the information you provided; and

  • To provide you with a personalized experience based on their personal wants and needs as indicated by your personal information.

We may release personal information when we believe in good faith that release is necessary to comply with law or court order or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; enforce or apply our conditions of use (such as this Privacy Policy or the Terms of Use and other agreements, or protect our rights, property or safety, or that of our employees, our Users, or others. This includes exchanging information with other companies and organizations for fraud protection or security violations, including any harmful, infringing or illegal activity. Our disclosures may occur under circumstances where we may not be authorized to advise you of such action.

N. Disclosure of Information: Although we value your privacy, we may share information we have collected from or about you in the following ways:

  • If required to do so by law, government regulation, or other government authority or in cooperation with an investigation by law enforcement or other governmental authority, we will disclose your information to law enforcement, government agency or other government official.

  • It is possible that MWC may undergo a change of control, change in ownership, a merger, a sale of (all or substantially all) its assets, a corporate reorganization, whereas MWC is acquired by a third party (“Successor”). In such a case, MWC reserve the right, in its sole and absolute discretion to transfer and convey all information we have collected from or about Users, including information collected from their use of the Website and Services therein, to any such Successor.

  • In the event that MWC experiences a bankruptcy, reorganization or receivership, MWC reserves the right to transfer and convey the information we have collected from or about Users, including information collected from their use of the Website and Services.

  • In certain circumstance, and in order to provide you with requested Services or Products, we may disclose your information with third parties that are not affiliated with us, but with whom we have a contractual relationship.

  • We may provide certain information of Users to Partners in order to facilitate the Services on the Website.

  • We may provide Partners information to Users who request Products offered by Partners.

  • We may disclose your information to enforce or protect our rights under this Privacy Policy and the Terms of Use.

  • We may disclose your information to protect the safety of any party.

  • We may disclose your information to our affiliates, subsidiaries, joint ventures, partners, or other entities under our common control (“Affiliates”). All Affiliates are subject to this Privacy Policy.

  • We may use the services of and disclose your information to third-party advertising companies in order to display relevant advertising on the Website and to measure the effectiveness of such advertising.

  • We may disclose your information to third-party service providers, including, but not limited to, credit card processors, in order to provide the Services on the Website. This information will only be disclosed to the extent necessary to deliver to you such Services.

  • We may disclose your information to any party to whom you request or authorize us to disclose information.

O. Your Choices: The Website allows a User to sign-up to receive newsletters, alerts, contest notifications and e-mails from MWC (to the extent that we provide these options). You always may (a) opt-out from our mailing list, (b) update certain information about you after you register with us, or (c) request deletion of your Account with us, in each case by clicking on the unsubscribe or manage preferences link contained in each e-mail sent. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, please note that some information may remain in our records after deletion of your Account.

You understand and agree that, even if you opt-out, you will continue to receive legal notices from MWC, including any changes to this Privacy Policy or to the Terms of Use. You will also continue to receive messages, confirmations or other information in response to any direct request you have made of us or relating to any transactions you initialize, process, or complete on or through the Website.

P. Profile, Blogs, Message Boards, Chat Rooms, and Public Forums: Whenever you voluntarily post public information to your profile, blogs, message boards, chat rooms, or any other public forums (to the extent that we provide these options), that information will become publicly available, even if within a portion of the Website that may be accessed only by Users. This means that the information may become available to the general public, even if you are intending to post the information on a portion of the Website that can only be accessed by other Users since those forums are public by their nature. This Privacy Policy does not govern the actions of third parties.

Q. Third-Party Sites: The Website may contain links to websites and services that are neither owned, managed, nor controlled by MWC (“Third-Party Sites”). This Privacy Policy does not apply to Third-Party Sites. MWC has no responsibility for the privacy practices or the content of Third-Party Sites.

Availability of Third-Party Sites on or through the Website are for convenience only, and MWC does not in any way, express or implied, endorse or approve any Third-Party Sites. MWC makes no warranties or representations as to the accuracy, adequacy or safety of any information found at Third-Party Sites. MWC is not responsible and disclaims all warranties and/or liability from your use of Third-Party Sites. Your use of Third-Party Sites is governed by any applicable terms of use agreement or privacy policy of such Third-Party Sites.

R. MWC E-mail Links: You may e-mail us directly at support@miamiwellness.club with any questions or comments. MWC endeavors to read messages received and to respond promptly. In addition to replying to your comment or inquiry, we may file your correspondences with MWC, including emails, for future reference regarding improvements to the Services or the Website.

S. Security: The security of your personal information is important to us. We use reasonable precautions to protect the personal information we receive or that we store within our database, and we restrict access to User information to those workers who need access to perform their job functions, such as our customer service personnel and technical staff. In addition, Accounts are secured by passwords that are generated by Users. Nonetheless, no website is completely secure and we cannot guarantee the security of such information. As a result, although we take appropriate measures to safeguard against unauthorized disclosures of personal information, you acknowledge that: (a) we cannot guarantee you that the information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy; (b) there are security and privacy limitations of the internet and wireless networks which are beyond our control; (c) the security, integrity and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (d) any such information and data may be viewed or tampered with in transit by a third party. In addition, unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time. It is your responsibility to secure your User password.

T. Privacy of Children: The Website is not designed or intended for use by anyone under age 13. If you are under age 13, you should discontinue use of the Website immediately. Children under age 13 may not submit any personal information to us, and if we discover that we have inadvertently gathered any such information from a child under age 13, we will take appropriate steps to delete all such information. If you are under 18, you should access or use the Website only with involvement of a parent or guardian.

U. Notification of Changes: From time to time, we may amend, modify, alter, or otherwise update this Privacy Policy; for example, in light of new technology, a change in applicable law, or as our business needs or other facts dictate. If MWC decides to make such changes to the Privacy Policy, we will post these changes on the Website. By continuing to use the Website, you agree to be bound by any minor changes to the policy, after we post such changes. If, however, we are going to use Users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify you of such changes. Please check this portion of the Website frequently to see recent changes to this Privacy Policy.

V. Termination: If you decide to terminate your Account, or if we terminate your Account pursuant to the Terms of Use, you will no longer provide further information to MWC. Nonetheless, MWC may retain your information, to the extent permitted under this Privacy Policy and allowed by law.

W. Contact Information: If you have any questions or concerns regarding privacy on the Website, please contact us as follows:

Miami Wellness Club, Inc.

c/o Encore Law Group LLP

Email: legal@miamiwellness.club

Fax: (310) 400-5662