Privacy Notice


1. Introduction

This Privacy Notice (the "Privacy Notice") describes how We may collect, use, and disclose Your personal information in connection with the services provided by John W. Brick Mental Health Foundation, a 501(c)(3) non-profit, dba The Mental Wellbeing Association. ("Our", "We", or "Us") including any personal information received through third-parties acting on Your behalf and any personal information collected through Inspire360 websites.

The terms of this Privacy Notice ("Terms") bind you ("You", "Your") to the terms and conditions set forth herein in connection with Your use of Our software, website, or other offerings on Our platform (collectively, Our "Services"). By using any of Our You agree to become bound by the Terms. If You do not agree to all these Terms, do not use Our Services. Our acceptance is expressly conditioned upon Your assent to all these Terms, to the exclusion of all other Terms. If these Terms are considered an offer by Us, acceptance is expressly limited to these Terms.

Pre-arbitration clause:
Important: by agreeing to these Terms You agree to resolve disputes with Us through binding arbitration (and with very limited exceptions, not in court), and You waive certain rights to participate in class actions, as detailed in Section 22 of the Terms of Use.

2. Additional Agreements

Any continued use of the Services is subject to Our Terms of Use, which is hereby incorporated by reference into these Terms.

3. Personal Information We Collect

We may process personally identifiable information ("PII") received from a range of sources, including but not limited to You, credentialing agencies, and other third-parties in connection with the programs and services offered by Us. This information may include, but is not limited to, Your name, gender, date of birth, email address, postal address, telephone number, Your IP address, Your browsing activity on Our website, and information related to Your employment, education, training, and registration/licensure.

4. Use of and Purposes for Processing Personal Information

We processes Your PII in order to comply with legal and regulatory obligations, contractual obligations, requests by You or on Your behalf to provide Our programs and services to You, and for other purposes for which We have a legitimate interest or other lawful basis, including but not limited to: (i) providing Our programs and services for You; (ii) processing Your payments; (iii) providing Our programs and services for Your employer (if You are part of an employer program); (iv) maintaining or administering Our Services, performing business analyses, or for other internal purposes to improve the quality of Our Services; (v) prevention of fraud to protect the public; (vi) communicating with You concerning Our Services consistent with Our obligations to provide these Services or otherwise; (vii) complying with legal or regulatory purposes; (viii) research; and (ix) satisfying other legitimate business interests.

If You provide Your email address, We may use Your email address to send You administrative and promotional emails. If You wish to opt out of promotional emails, You may do so by following the "unsubscribe" instructions in the email.

5. Disclosure of Personal Information

We will not sell, rent, license, or trade Your PII with third-parties for their own direct marketing use.

We will share certain PII necessary for the delivery of Our Services with (i) any U.S. or international governmental department or agency, including regulatory authorities with a legitimate interest in the PII; (ii) any organization with Your approval; (iii) any other organization where We have a legitimate interest in doing so, including but not limited to where We verify the information You’ve provided; (iv) any other organization or individual if We are satisfied that the third-party has a legitimate, legal interest in such information, including but not limited to where there is a need for those third-parties to update and maintain their databases, to provide services to You; and for (v) other purposes in support of Our mission.

6. Disclosures to Third Parties Assisting in Our Operations.

We may share Your PII under confidentiality agreements and any required data processing agreements with other companies that work with, or on behalf of, Us to provide Our Services, such as, but not limited to, those who provide (i) email or mail solutions; (ii) payment processing solutions, such as PayPal and Stripe; (iii) cloud hosting services; (iv) analysis of usage of Our websites; (v) support and maintenance services for Our websites; (vi) services to assist with credentialing operations; including, but not limited to, identity verification and credential status. We also may share Your PII with Our legal, regulatory, audit and other professional advisors. These companies may use Your PII to assist Us in Our operations consistent with Our legitimate business interests. However, these companies do not have any independent right to share this information.

7. Disclosures Under Special Circumstances.

We may provide information about You, including PII, to respond to subpoenas, court orders, legal processes, regulatory authority investigations, or governmental regulations or inquiries, or to establish or exercise Our legal rights or defend against legal claims, or where We believe it is necessary to share such information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law or to protect the public.

8. Other Parties with Your Consent or at Your Direction.

In addition to the disclosures described in this Privacy Notice, We may share information about You with third-parties when You expressly consent to or request such sharing.

9. Retention of Personal Information.

If the services provided are intended to protect the public, for example through the assurance of an individual’s qualification through Our verification services, We have a legitimate interest in retaining this information and will do so in accordance with Our Data Retention and Erasure Policy. For other services, We will retain Your PII only for as long as is reasonably necessary to achieve the purposes for which it is collected. When We delete any information, it will be deleted from Our active databases but may remain in archived data. At Our option, We may choose to anonymize Your data, rather than delete it.

10. Automatically Collected Information and Anonymous Information

Each time You visit Our websites We automatically collect the following information to provide the Services and to improve the overall quality of Your online experience.

Aggregated Data. We collect data for internal reporting and count, track, and aggregate visitors’ activity for the purpose of analysis of general traffic flow and feature usage related. To these ends, We may include information about You into aggregated group data. We may remove personal identifiers from PII or may use pseudonymization to disassociate the individual from the PII, allowing statistically accurate analysis over data without exposing any individual’s identity. Such anonymous data may be shared with Our affiliates, business partners, service providers and/or vendors; if it does so, We will not disclose Your individual identity.

Web Server Logs and IP Addresses. An Internet Protocol ("IP") address is a number that automatically identifies the computer or device You have used to access the Internet. The IP address enables Our server to send You the web pages that You want to visit, and it may disclose the server owned by Your Internet Service Provider. We may use IP addresses to conduct analysis and performance reviews and to administer the websites, and may also use other information provided by You or Your browser for purposes such as enabling support for applications and services being used.

Stateful Data. Cookies and other functionality within a web browser allow persistent storage of stateful data as You navigate the website. This functionality in and of itself does not personally identify users, although it does allow the web server to differentiate one user from another. This is a fundamental mechanism that allows You to transact business on the Internet. Many websites use features such as cookies to provide application features when a user visits the website, and most web browsers are set up to accept cookies. We use these features to improve delivery of Your online experience. You can set Your browser to refuse cookies, but most functionality of Your experience with Us will not work properly. Some features are meant to allow data to remain only for the time that Your browser is open, for example a session cookie. A persistent cookie is an example of functionality that Your browser provides that allows the data to persist on Your device/computer even after the browser is closed. Like many other organizations with websites, We may use both types of functionality Your browser provides.

Web Beacons. Some of the websites’ web pages may use web beacons in conjunction with cookies to compile aggregate statistics about the websites’ usage. A web beacon is an electronic image (also referred to as an "action tag," "single-pixel," or "clear GIF") that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of the websites. Some web beacons may be unusable if You elect to reject their associated cookies.
11. Your Rights Over Your Personal Information

If the Services provided are intended to protect the public, for example through the assurance of an individual’s qualification through Our verification services, then You may not have a right to erasure of Your PII, to restrict processing of Your PII, or object to the processing of Your PII. For other Services, You have the right to request erasure of the PII that We hold about You, restrict processing of Your PII, or object to the processing of Your PII under certain circumstances. You may also have the right to request that We transfer Your PII to another party to the extent provided for under applicable data privacy laws. If You want to review, verify, correct, or request erasure of Your PII, restrict or object to the processing of Your PII, or request a transfer of Your PII to another party, please contact Us at support@mentalwellbeingassociation.org.

Where You may have provided Your consent to the collection and processing of Your PII to receive Our promotional emails, You have the right to withdraw Your consent for that specific promotional email list. To withdraw Your consent, please click the unsubscribe link at the bottom of the promotional email. Your removal from Our mailing list will not remove records of past transactions or delete information stored in Our data backups and archives.

Alternatively, if You are an existing user of Our Services, You can view and amend certain categories of Your PII by accessing Your account.

If You are a California resident, You have certain rights with respect to Your personal information. These rights include:

You can exercise these rights by contacting us at support@mentalwellbeingassociation.org.

You can learn more about Your rights under the CCPA by visiting the CCPA website: https://oag.ca.gov/privacy/ccpa.

12. Security

We understand that storing Your PII in a secure manner is essential. We store PII and other data using reasonable physical, technical, and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction, or modification. Please note, however, that while We have endeavored to provide secure and reliable Services for users, the confidentiality of any communication or material transmitted to/from Us cannot be guaranteed.

13. Cross-Border Transfer, Use and Disclosure of Personal Information

We are located in the United States and are subject to the applicable laws of the United States (where data privacy laws are less stringent than in the European Union and some other jurisdictions). When We receive Your PII, Your PII may be transferred, processed and stored outside of Your country of residence, including in the United States. In addition, some of the recipients of PII as specified above may be located in countries (including the United States) that do not provide a level of data protection equivalent to that set forth by the European Union and some other jurisdictions. If You choose to access or use Our Services, You consent to the transfer, use, and disclosure of information in accordance with this Privacy Notice and subject to such applicable laws.

14. HIPAA Compliance

We understand that some users may be concerned about HIPAA compliance. None of Our Services are intended to handle patient medical information. We take the privacy of Your personal information very seriously and We have implemented a number of security measures to protect Your information. These measures include secure servers, encrypted data transmission, and strict access controls. You can learn more about Your rights under HIPAA by visiting the HIPAA Privacy Rule website: https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html.

15. Changes to this Notice

We may update this Privacy Notice from time to time. The latest version of the Privacy Notice will always be posted on Our website.

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