General Disclaimer

Mind Cure Health Inc. (“Mind Cure”) has taken all reasonable care in producing and publishing information contained on this website, and will endeavor to do so regularly. Material on this website may still contain technical or other inaccuracies, omissions, or typographical errors, for which Mind Cure assumes no responsibility. Mind Cure does not warrant or make any representations regarding the use, validity, accuracy, completeness or reliability of any claims, statements or information on this site. Under no circumstances, including, but not limited to, negligence, shall Mind Cure be liable for any direct, indirect, special, incidental, consequential, or other damages, including but not limited to, loss of programs, loss of data, loss of use of computer of other systems, or loss of profits, whether or not advised of the possibility of damage, arising from your use, or inability to use, the material on this website. The information is not a substitute for independent professional advice before making any investment decisions. Furthermore, you may not modify or reproduce in any form, electronic or otherwise, any information on this website, except for personal use unless you have obtained our express permission.

No stock exchange has reviewed the information on this website nor accepted responsibility for the adequacy or accuracy of it.

Cautionary Note on Forward-Looking Information

This website includes forward-looking statements and information (collectively, “forward-looking information”), which reflect the current view of Mind Cure with respect to future events and financial performance. Forward-looking information generally can be identified by the use of forward-looking terminology such as “may”, “will”, “expect”, “intend”, “anticipate”, “plan”, “foresee”, “believe” or “continue” or the negatives of such terms or variations of them or similar terminology. Any such forward-looking information are based on Mind Cure’s current expectations, estimates, projections and assumptions made in light of its experience and its perception of historical trends. Any such forward-looking information is subject to risks and uncertainties and Mind Cure’s actual results of operations could differ materially from historical results or current expectations.

Mind Cure cautions readers that should certain risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary significantly from those expected. The risks that could cause actual results to differ from current expectations include, without limitation, risks associated with the inherent uncertainty of research, product and clinical development, regulatory approvals and product commercialization, the impact of competitive products, patents, product liability and third-party reimbursement risks associated with our industry.

The forward-looking information contained on this website represents Mind Cure’s views as at the date thereof and is subject to change after such date. All forward-looking information provided on this website are qualified in their entirety by this cautionary statement, and Mind Cure disclaims any obligation to revise or update any such forward-looking information or to publicly announce the result of any revisions to any of the forward-looking information contained herein to reflect future results, events or developments, except as required by law. You should not place undue reliance on forward-looking information.


Terms of Use

These Terms of Use (“Terms”) govern your (“user”, “you” or “your”) use of the website located at [] (the “Site”), as well as any content downloaded from or accessed through the Site, and constitute a legal contract between you and the owner of the Site. Please read these Terms carefully because your use of the Site, other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Site.

The Site and its contents are provided by Mind Cure Health Inc. (“Mind Cure”, “we”, “us” or “our”) for the use of individual users. Copyright and all other rights not expressly granted to users under these Terms are hereby expressly reserved by Mind C, and any additional uses of the Site or its contents require our prior written permission.

These Terms were last updated on [], 2020. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Site. Please consult these Terms each time that you use the Site. Your continued use of the Site for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes.

Limited License

Subject to your compliance with these Terms, Mind Cure grants you a limited, personal, non-exclusive, non-transferable license to use the Site and our Content (as defined below) solely for the purpose of viewing, storing, processing and downloading information for personal, non-commercial use. Any use of the Site for commercial or other revenue-generating purposes is strictly prohibited.

Except as expressly permitted in these Terms, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, link, broadcast or otherwise make available the Site or any Content, or other information and materials obtained through or in connection with the use of the Site, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the owner of the copyright in the Site or Content. These Terms, including all restrictions on your use of the Site and its contents, apply whether or not a license fee or other payment was paid for the use of the Site or any Content.

Privacy

Your use of the Site and our use of certain information about you are subject to our privacy policy (“Privacy Policy”), which is hereby incorporated by reference. Through your use of the Site you agree to the collection, use and disclosure of your information in accordance with the Privacy Policy. In case of any inconsistency between these Terms and any terms set out in the Privacy Policy, the terms of the Privacy Policy will prevail.

User Content and Conduct

All information, data, text, software, music, photographs, graphics, images, avatars, video, messages, advertisements, ideas, reviews, opinions, questions, suggestions and other materials (“Content“) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site are submitted at your own risk and are your sole responsibility. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party.

You agree that you are responsible for your own conduct when using the Site. Content belonging to others may be copied and printed for your personal use only. Misuse or unauthorized use of the Site, its contents, Mind Cure’s network and systems, or of any information, images or other materials on the Site is strictly prohibited, and Mind Cure reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who Mind Cure reasonably believes may be using the Site or its contents in violation of these Terms. You agree that you will use the Site, including all Content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:

  • interfere or attempt to interfere with, or obtain unauthorized access to, Mind Cure or its Third Party Content providers’ content, data, computers, systems or system security;
  • upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;
  • solicit or otherwise attempt to collect, discover, store or disseminate passwords, email addresses, addresses, telephone numbers, personally identifying information, or other non-public information from Mind Cure or other users;
  • defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
  • modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any Content (other than your own) to any third party without our prior consent;
  • remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, racially or ethnically objectionable, or which promotes hatred, physical harm or injury against any person or group;
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, posting an unauthorized copy of another person’s copyrighted work;
  • upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment; or
  • otherwise use the Site in a manner that could, in Mind Cure’s sole opinion, adversely affect the ability of other users to use the Site, any Content, the Internet, or any sites supplied by Third Party Content providers.

We may, but are under no obligation to, pre-screen or monitor any Content other than our own, or to review or log any activity or use of the Site. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction, or to protect Mind Cure or its users. We reserve the right, but do not assume the obligation, to remove or block access to any Content, and/or to ban users who violate these Terms from using the Site.

Access and Interference

You agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Site or any Content, or the use of the Site or any Content by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Site; to destroy, manipulate, remove, destroy or impair any portion of our website; or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure.

License to User Content; Rights to Unsolicited Ideas

You, or a third party licensor, retain all intellectual property rights in any Content that you submit. By submitting any Content, whether on your own behalf or on behalf of another party, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, without compensation or obligation to you or any other party. You hereby waive all “moral rights” in and to any Content that you submit. The rights granted hereunder may be freely assigned or sub-licensed by us to any party. If you are not the owner of the Content that you submit, you warrant that the owner of the Content has expressly granted a similar license. There is no relationship of any type created, including without limitation any agency or fiduciary relationship, as between you and us, by virtue of the submission by you of any Content.

If you submit any unsolicited ideas, comments or other feedback (“Feedback”) to us regarding the Site and/or our Content, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Mind Cure and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation or obligation to you or to any other party.

Third Party Content, Dealings & Disclaimer

Mind Cure is merely a distributor, and not a publisher, of any content provided by third parties that is accessed through the Site (“Third Party Content”). Mind Cure does not have administrative, editorial or other control over such Third Party Content, and accepts no responsibility or liability in respect of any Third Party Content or a user’s use of it. The responsibility for ensuring compliance with all applicable third party terms and conditions, as well as applicable laws, are yours and/or the Third Party Content provider’s alone. You acknowledge that any dealings or agreements between you and third parties are strictly between you and the third party, and that Mind Cure is not a party to such dealings or agreements.

The Site may contain hyperlinks to other web sites (“Linked Sites”) that have been developed by advertisers and other third parties, which are not under the control of Mind Cure. Mind Cure provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Mind Cure or its agents of the Linked Sites, or of any products or services offered on or through the Linked Sites. Further, Mind Cure is not responsible for the contents of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. In any transactions with third parties, Mind Cure is not the seller or provider, and your agreement to purchase any products or services from a third party is between you and the third party, and not us. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained on those Linked Sites, and you agree that you are solely responsible for your use of any Linked Site. Under no circumstances will Mind Cure be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any correspondence or business dealings by you with any third parties, including any merchants or advertisers found on or through the use of the Site, and including payment for and delivery of related goods and services.

Our Intellectual Property Rights

The Site, and any Content and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us (or our third party licensors, including any Third Party Content providers) and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions.

All trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Site are trademarks and/or registered trademarks of Mind Cure and/or its affiliates, licensors, or related companies. Except as expressly permitted by law, the use, copying, imitation or modification of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Site, any of our Content or any other information or materials accessed through the Site.

Equipment

You are solely responsible for obtaining, maintaining and paying for all communications services, mobile devices, computer hardware, and other equipment and services required to access and use the Site and any Content accessed or obtained through your use of the Site. Use of the Site is at solely at your own risk. Mind Cure assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment (including mobile devices) or other property as a result of your access to, use, or browsing of the Site or associated websites, or from using or downloading any information, data, text, software, photographs, graphics, images, messages, ideas or other Content.

Indemnity

You agree to defend, indemnify and hold us, our affiliates and licensors, and each of our respective officers, partners, directors, employees and agents harmless, from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (a) your breach of these Terms; (b) your access to or use (or misuse) of the Site, or of our or any other party’s Content; (c) your use, submission or transmission of any Content; (d) your use of or reliance upon, or publication, communication or distribution of any materials from any third party source; or (e) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You shall use your best efforts to cooperate with us in the defense of any claim made against us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:

(A) THE SITE IS PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SITE, INCLUDING ANY LINKS OR CONTENT, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, OUR CONTENT, AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU OR THAT YOU ACCESS THROUGH THE USE OF THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT: (I) THE SITE OR ANY CONTENT, LINKED OR RELATED WEBSITES, OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE USE OF THE SITE OR ANY CONTENT, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; (IV) THE QUALITY OF ANY LISTINGS, PRODUCTS, SERVICES, PROGRAMS, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE, CONTENT, OR OTHER MATERIALS WILL BE CORRECTED.

(C) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM OR DAMAGE, INCLUDING (BUT NOT LIMITED TO) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

(D) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SITE, OR THROUGH OR FROM ANY OTHER WEBSITE OR PUBLICATION, WILL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.

 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE OR ITS CONTENTS, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF THE SITE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OUR SYSTEMS, ANY CONTENT, OR ANY MATERIALS, GOODS, SERVICES, OFFERINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE; (II) ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, CONTENT OR DATA; (VII) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO OR RESULTING FROM YOUR OR ANY OTHER PARTY’S USE OF THE SITE.

YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SITE AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.

Termination

You may discontinue your use of the Site at any time, for any reason or for no reason.

In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Site or any party’s ability to access or use the Site, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.

Upon termination, you will have no further right to access or use the Site, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Site will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms. Upon termination, we will have the right, but not the obligation to retain any Content or other information that you have submitted.

Governing Law / Jurisdictional Issues

These Terms will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of British Columbia, and to waive any objections based upon venue; provided, however, that Mind Cure will have the right to obtain injunctive or other equitable relief in any court of competent jurisdiction in order to restrain or prevent loss or damage to its property, reputation, interests or assets. You agree that any claim or action brought by you in connection with these Terms or your use of the Site or its contents will be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.

International Users

Any products and services offered through the Site are offered only in jurisdictions where they may be legally offered and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Site, including laws regulating the import or export of data to or from Canada and your country of residence.

Miscellaneous

These Terms contain the entire agreement between you and us governing your use of the Site. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.

Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.

No use of the Site or any Content will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and Mind Cure shall, at all times, be and remain independent contractors.

The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.

Mind Cure may communicate with you by email or by posting notices on the Site. You consent to receive communications from Mind Cure electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Site, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.

If you wish to contact us with any questions, comments or concerns regarding these Terms or the Site, or to provide any notice pursuant to these Terms, please contact us by email at [].


Privacy Policy

This Privacy Policy (the “Policy”) describes the personal information that Mind Cure Health Inc. (“Mind Cure”, “we”, “us” or “our”) collects from, or about you when you use the Mind Cure website located at [] (the “Site”), how we use that information, and to whom we disclose it. “Personal information” means information about an identifiable individual.

Please read this Policy carefully. If you do not agree with this Policy, you should not access or use the Site. This Policy should be read in conjunction with the Mind Cure’s Terms of Use for the Site, into which it is incorporated by reference.

This Policy was last updated on [], 2020. We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our Site or by other means so that you may review the changes before continuing to use our Site. Your continued use of the Site after we publish or communicate a notice about any changes to this Policy means that you are consenting to the changes.

Accountability and Openness/Compliance

Mind Cure is responsible for personal information under our control. We have established policies and procedures to effectively safeguard any confidential personal information that we collect, and to deal with complaints and inquiries. We are committed to maintaining the accuracy, confidentiality and security of your personal information, and we will ensure that you have access to information regarding the policies and procedures that we use to manage your personal information.

All questions or concerns regarding this Policy and our compliance with it should be in writing and sent by email to [].

Every complaint or challenge regarding our compliance with this Policy will be investigated, and where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.

If you are located in British Columbia, you may contact the Office of the Information & Privacy Commissioner for British Columbia at P.O. Box 9038 Stn. Prov. Govt., Victoria, B.C. V8W 9A4 or with any complaints regarding this Policy. Users may also contact the Office of the Privacy Commissioner of Canada at 30 Victoria Street, Gatineau, Quebec K1A 1H3.

Consent

Except as expressly provided in this Policy or as otherwise permitted by law, consent is required for the collection of personal information and the subsequent use or disclosure of that information. Consent may be express or implied. For consent to be meaningful, it must be informed consent and will only be valid if it is reasonable to expect that the individual understands the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting. Typically, we will seek consent in advance or at the time of collection, and make reasonable efforts to ensure that you understand the purpose(s) for which we will use or disclose the information. In certain circumstances, we may seek consent regarding use or disclosure after the information has been collected, but before use, such as when we wish to use personal information already in our possession for a purpose that was not previously identified.

By voluntarily submitting your personal information or otherwise using the Site, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure of your personal information as set out herein. You may change or withdraw your consent to the collection, use or disclosure of your personal information at any time by contacting us in writing at one of the addresses listed above (see: Accountability and Openness / Compliance). In some circumstances, a change or withdrawal of consent may affect your ability to use the Site.

Collection and Retention of Information

We collect Personal Information only to the extent that it is necessary for the purposes set out below (see: Purpose – Why We Collect, Use and Disclose Information).

Subject to any legal or accounting requirements, we will retain personal information only if necessary to fulfill the purposes for which it was collected. Personal information that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on back-up media.

Information that we may collect may include User Submitted Information. We collect personal information that users submit through their use of the Site, such as your name, email address and other contact information when you sign up for our mailing list or contact us through the Site.

Usage Data

We collect certain non-identifying information about usage of the Site, including information about how users are using the Site and the characteristics of those users. This information is anonymized and is not used by us to identify you as an individual.

Technical and Device Information

We collect certain non-identifying information related to a user’s access of the Site, including the Internet Protocol (IP) address of the user’s computer, the date and time the user accessed the Site, and the operating system that the user is using. We make no attempt to link this information with the identity of individuals visiting the Site without express permission. We may, however, review server logs and anonymous traffic for system administration and security purposes, for example to detect intrusions into our network, for planning and improving the Site, and to monitor and compile statistics about Site usage. The possibility therefore exists that server log data, which contains users’ IP addresses, could in instances of criminal malfeasance be used to trace and identify individuals. In such instances, we may share raw data logs with the appropriate authorities for the purpose of investigating security breaches.

Cookies

A “cookie” is a small piece of information stored on your computer by a web page. It is used to identify you to the web server. It tells the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system.

We use cookies to determine your access privileges on the Site, to complete and support a current activity, and to track usage. Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use the Site, but your ability to access certain features and functions may be affected.

Purpose – Why We Collect, Use and Disclose Information

We will identify the purposes for which we collect personal information before or at the time we request the information. We will not collect personal information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first obtaining your consent. The information that we collect is used and disclosed only for business purposes. These include:

  • to enable you to access and use the Site;
  • to process, track and communicate with you about usage of the Site;
  • to establish, maintain and manage business relations with you so that we may provide you with the information, products or services that you request;
  • internal business purposes, such as administering or improving the Site;
  • to perform internal market research and conduct polls and surveys;
  • to obtain feedback regarding the Site;
  • to provide users with information and promotional materials regarding Mind Cure and Mind Cure’s affiliates and partners;
  • to protect us against error, fraud, theft or damage to our business or our property;
  • to comply with any legal, accounting and regulatory requirements, including reporting requirements, applicable laws, and any search warrants, subpoenas or court orders; and
  • any other reasonable purpose for which you provide consent.

Where personal information that has been collected is to be used for a purpose not previously identified, and for which consent cannot be reasonably implied, the new purpose will be identified and consent obtained prior to the use of that information for the new purpose unless otherwise permitted by law.

Disclosure to Third Parties

In the course of providing the Site to you, we may delegate our authority to collect, use or disclose your information to third party subcontractors. Third party subcontractors may include web hosts, payment processors, delivery and logistics providers and social network integrators. If we transfer any personal information to a third party subcontractor, we will provide the subcontractors only with the information needed to perform the subcontracted service, and will use appropriate contractual or other means to provide a comparable level of protection while the information is being used by them.

We may disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law, government request, request of a law enforcement agency, search warrant, subpoena or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request, warrant, subpoena or court order, or to protect our business or assets, users of the Site, or the public.

Safeguards – How Information is Protected

We maintain reasonable security safeguards to protect personal information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the personal information, with the highest level of protection given to the most sensitive personal information. We use user IDs, passwords and encryption technology, and restrict the employees and contractors who have access to personal information to those having a “need to know” and who are bound by confidentiality obligations in order to ensure that information is handled and stored in a confidential and secure manner. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information. While we will endeavor to destroy all copies of personal information, you acknowledge that deleted information may continue to exist on back-up media but will not be used unless permitted by law.

 

We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us. Therefore, by using the Site and/or communicating electronically with us, you acknowledge and agree to our processing of personal information in this way and agree that we are not responsible for any personal information which is lost, or which is altered, intercepted or stored by a third party without authorization.

Accuracy/Access

Mind Cure has a responsibility to ensure that all personal information contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date. You may make a request in writing for access to your personal information. Except as permitted or required by law, we will inform you of your personal information held by us, and provide an account of the use that has been made of the information, as well as identify any third parties to whom the information has been disclosed. You may have reasonable access to your personal information, and if you demonstrate the inaccuracy or incompleteness of personal information, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data, if your personal information changes, or if you wish to have your information removed from our files. All notices and requests should be in writing and sent to us at one of the addresses listed above (see: Accountability and Openness / Compliance).

International Transfer and Storage of Information

You acknowledge and agree that your personal information may be transmitted, transferred, processed, and/or stored outside of Canada, including in the United States, and therefore may be available to governmental authorities under lawful orders and laws applicable in such jurisdictions. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection as the laws of Canada.

Third Party Content and Links to other Sites

The Site may contain optional links to third party Internet websites and services. You acknowledge that these third parties may collect data from users or their computers. The accessing and use of third party websites or services is at your own risk, and we cannot assume responsibility for the privacy practices, policies or actions of the third parties who operate those websites or services. This Policy applies only to the Mind Cure Site, and we encourage you to review the privacy policies of any third parties when using their websites or services.

Minors

Minors (persons under the age of majority as defined in your jurisdiction) are not eligible to use the Site unsupervised, and we request that minors do not submit any personal information to us. If you are under the age of majority in your jurisdiction, you may only use the Site in conjunction with and under the supervision of a parent or guardian. Mind Cure does not knowingly collect personal information from minors.


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All rights reserved.