Last Updated: April 12, 2022
Niivana, LLC (“Niivana”, “we”, “us” or “our”) respects the privacy of others. This Privacy Policy explains Niivana’s privacy practices for the niivana.com website (together with its pages and features and all services provided through the website, the “Site”) and mobile software application (together with its pages and features and all services provided through the application, the “App”) by providing you and any person helping you visit, access, register with or use the Site and/or the App (collectively, “you” or “your”) with an overview of the following:
As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Niivana may collect from you.
This Privacy Policy applies to personal information collected through the Site and/or the App. Carefully read this Privacy Policy in its entirety.
When you create, register or log into an account through the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and the App’s Terms.
Similarly, by visiting, accessing or using the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and the App’s Terms and your continuing visit, access or use of the Site or the App reaffirms your acceptance and agreement in each instance.
If you do not agree to the terms herein, do not use our Site or our App and do not provide us with your personal information.
Please direct any questions you may have about this Privacy Policy, the Site or the App to any one of the following:
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
We may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you. If we make any changes the revised Privacy Policy will posted on this or a similar page of the Site and the App and the “Last Updated” date at the top of this Privacy Policy will be revised and, in some cases, where appropriate we may notify you by adding a statement to the login screen or sending you an email notification. All changes shall shall be deemed effective as of the stated “Last Updated” date. We encourage you to review our Privacy Policy whenever you use the Site or the App to stay informed about our information practices and the ways you can help protect your privacy. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Site or the App. Using our Site or App or continuing to provide personal information to us after a notice of changes has been sent to you or after the revised Privacy Policy has been published on our Site or App shall constitute consent to the changed terms and practices. If you disagree with any changes to this Privacy Policy, you will need to stop using the Site and the App and must deactivate your account(s).
The Site is a general audience website intended for use by adults. Neither the Site nor the App is designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Niivana does not collect personal information through the Site or the App from any person it actually knows to be under thirteen (13) years of age. If Niivana obtains actual knowledge that it has collected personal information through the Site or the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Niivana remove content or information about you that is posted on the Site or the App. Please submit any such request (“Request for Removal of Minor Information”) to any one of the following:
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:
If you send a Request for Removal of Minor Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. Niivana will not accept any Request for Removal of Minor Information via telephone or facsimile. Niivana is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site or the App.
Also, please note that Niivana is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Niivana to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Niivana anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Niivana voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Niivana is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Niivana may collect personal and non-personal information about you through the Site and/or the App.
Categories of Information Collected Through the Site and/or the App. The categories of personal and non-personal information collected from you through the Site and/or the App might include your:
Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Site or the App, then additional categories of personal and non-personal information collected from you through the Site and/or the App might include:
You are solely responsible for the accuracy and content of the personal information you provide to Niivana, and for keeping your personal information current and correct.
Niivana might collect personal and non-personal information from you when you visit, access or use the Site and/or the App; when you register with or subscribe to the Site and/or the App; when you register for or subscribe to the products and/or services of Niivana online through the Site and/or the App; when you “sign in,” “log in,” or the like to the Site and/or the App; when you allow the Site and/or the App to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site and/or the App) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Niivana asks you for such information, such as, for example, when you process a payment through the Site and/or the App, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends Niivana a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Niivana may collect any personal or non-personal information provided therein or therewith.
Finally, Niivana might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site and/or the App might not function properly.
By visiting, accessing or using the Site and/or the App, you acknowledge and agree in each instance that you are giving Niivana permission to monitor or otherwise track your activities on the Site and/or the App, and that Niivana may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
Niivana may use the personal and/or non-personal information it collects from you through the Site and/or the App in a variety of ways, such as, for example, to:
Niivana reserves the right to use your personal and non-personal information when:
We Never Sell Personal Information. We will never sell, rent, or otherwise provide your Personal Information to any third party for marketing purposes.
Niivana does not authorize third parties to collect your personal information when you use the Site or the App, except as described in this Privacy Policy. To the fullest extent permitted by law, Niivana is not responsible for, and you hereby release Niivana from any and all liability which may arise from, such third parties’ unauthorized collection, use and sharing of your personal information.
Sharing Information with Third Parties. We only share your Personal Information with third parties as described in this Privacy Policy, to carry out your instructions, as may be compelled by law, or as necessary to protect our rights or property. For example, Niivana reserves the right to share your personal information with Niivana’ employees, agents, administrators, accountants, financial advisors and legal advisors; with Niivana’s employed or contracted lactation consultants, mental health providers and other providers; and with those third parties who help manage, administer distribute and/or operate the Site and/or the App, and/or third party service providers that provide their respective products, services and/or features for the Site and/or the App (e.g., web hosting companies, website administrators, mobile app distribution platforms, video conferencing providers, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.
Community. Our Site and App offer publicly accessible community services such as blogs and forums. You should be aware that any information or content you provide in these areas may be made public and read, collected, and used by others who access them. Your posts may remain even after you cancel your account.
Compliance with Legal Process. We may share your information with a court, a regulatory entity, law enforcement personnel, or pursuant to a subpoena, to comply with applicable law or any obligations thereunder. We may be required to disclose your Personal Information and/or information with respect to your use of our Site and/or App in response to lawful requests by governmental or regulatory agency or by court order, subpoena or other legal process or requirement, including to meet national security or law enforcement requirements, or if we reasonably believe that such disclosure is necessary (i) to investigate, prevent or take action with respect to suspected or actual illegal activities or to assist government enforcement agencies, (ii) to protect the safety of any person from death or serious bodily injury, (iii) to prevent fraud or abuse of our Site and/or App or infringement of our intellectual property rights in our Site and/or App, (iv) to enforce our terms of use or your agreements with us, or (v) to investigate and defend ourselves against any third party claims or allegations. You should also be aware that our mental health counselors may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, you should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to another person; (d) court-ordered presentation of treatment.
Business Transfers. We may sell, transfer or otherwise share your information to a third party in connection with a merger, acquisition, reorganization or sale of assets of Niivana or in the event of bankruptcy of Niivana and you agree that any such third party will have the right to continue to use your Personal Information and other information that you provide to us or which we obtain through your use of the service.
For other business reasons: We may share your information to enforce any applicable terms and conditions applicable to our Site and/or App, and to ensure the safety and security of the Site and/or App and our users.
With affiliates within our corporate group: We may share your information with any subsidiaries or parent companies within our corporate group.
For advertising: Due to the use of cookies and web beacons, information regarding your activity on our websites, excluding activity when you are logged in and have started therapy, may be disclosed to our advertising partners to optimize marketing. We do not share with any advertising platform private information like member names, email addresses, phone numbers, diagnosis, sessions data, journal entries, messages, worksheets, or any other type of communication you have with your telehealth professional. If you want to opt out of these cookies and web beacons, manage your options here support@niivana.com, subject header "Opt out of cookies".
Aggregated or Anonymized Data. We may also share aggregated or anonymized information that does not directly identify you with the third parties described above.
With Your Consent. We will share your personal information with third parties when we have your consent to do so.
Video Conferencing. The video conferencing feature of the Site and the App is provided by Zoom and Zoom’s privacy policy at https://explore.zoom.us/en/privacy/ will apply to all information processed or collected by Zoom in your use of the video conferencing feature. If you do not wish to share your information with Zoom, do not use the teleconferencing feature of the Site or the App. Reference is made to the Zoom privacy policy for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Niivana’ relationship with Zoom, if any, is merely contractual in nature, as Zoom nothing more than a third-party vendor to Niivana, and is in no way subject to Niivana’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
Non-Personal Information. Niivana does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Niivana may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities. We may de-identify your information and disclose such de-identified information for any business or other purpose not prohibited by applicable law.
Your Choice. You may choose to share certain information and/or follow other users on the Site and/or the App. You may choose to share your contact information with other users or provide it publicly.
Niivana may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the Site and/or the App. Niivana may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Niivana or as required by law.
In connection with any transaction that you conduct through the Site and/or the App (e.g., the payment of any subscription fees, the purchase or sale of any products on or through the Site and/or the App), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Niivana without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties for the sole purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Site and/or the App occur through an online payment processing application(s) accessible through the Site and/or the App. This online payment processing application(s) is provided by Niivana’ third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) are be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Niivana’ relationship with Stripe, if any, is merely contractual in nature, as Stripe nothing more than a third-party vendor to Niivana, and is in no way subject to Niivana’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
The Site, the App, and/or any communications sent through or as a function of the Site and/or the App may contain links to third-party websites, networks, platforms, servers and/or applications. To the fullest extent permitted by law, Niivana is not responsible for, and you hereby release Niivana from any and all liability which may arise from, such third party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).
You may have the opportunity to access the Site and/or the App using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Niivana may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).
Niivana does not control these third-party websites, networks, platforms, servers and/or applications and our provision of links to or use of these third party websites, networks, platforms, servers and/or applications does not constitute an endorsement and you should proceed with caution. This Privacy Policy does not apply to such third party websites, networks, platforms, servers and/or applications, which are subject to their own privacy policies, waivers and terms of use. It is your responsibility to carefully read, accept and comply with the relevant terms of use, waivers, and privacy policies associated with third-party websites, networks, platforms, servers and applications, which may be significantly different from ours.
Niivana implements security measures to help protect the personal information it collects through the Site and the App. For example, Niivana encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.
When sensitive Personal Information (such as a credit card information) is collected on our store, it is protected by our third-party credit card processor.
As part of providing you the Site and/or App, we may need to provide you with certain communications (via in app message, text and email), such as service announcements and administrative messages. These communications are considered part of the Site and/or App and may occur via emails, text messages or in app messages. You acknowledge that you are aware that email and text messages are not secure methods of communication and that your communication with us is not encrypted, and that you agree to the risks including the risk that the information contained within emails or texts could be read by a third party.
Although we use industry standard security measures, the Internet is not a 100% secure environment and we cannot, and do not, ensure or warrant the security of any information you transmit or store using the Site and/or App. There is no guarantee that your information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards and we are not responsible for third party circumvention of your privacy settings or our security measures. You are responsible for maintaining the secrecy of your unique password and account information and for controlling access to your account.
To help maintain the security of your personal information, Niivana asks that you please notify it immediately of any unauthorized visit, access or use of the Site and/or the App, or the loss or unauthorized use of your user access information for the Site and/or the App (e.g., username or password).
You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Site and/or App.
To Unsubscribe from Our Communications: You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located at the bottom of our emails or by contacting us by the following means:
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may receive promotional communications from us that you have opted out from during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Site and/or the App as long as you remain a member of Niivana.
How You Can Opt Out of Web Tracking: There are several ways to opt out of web tracking:
Most browsers allow you to block third-party cookies or prevent cross-domain tracking. This will limit the cookies that can be set by third-party scripts. This will not completely eliminate tracking by some third-party services though as they may use first-party cookies.
Most browsers also allow you to ask not to be tracked (it sends the “Do Not Track” request header). If you have enabled this feature, we will not track the pages you visit in a way that enables us to connect them to your personal information. Your page views may still be collected anonymously though. Many of the third-party services we use for collecting anonymous data also respect the Do Not Track setting.
You may request at any time that Niivana provide you with an opportunity to review and change your personal information collected through the Site or the App or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to any one of the following:
For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. Niivana will not accept a Request Concerning Personal Information via telephone or facsimile. Niivana is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We may not be able to modify or delete your information in all circumstances.
Some of the information you submit or that is created through your use of the Service may constitute “protected health information” (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”). PHI does not include information that has been de-identified in accordance with HIPAA. Even though Niivana is not a “covered entity” as defined by HIPAA, providers of Niivana’s services through the Site and the App may be a “covered entity” and therefore the providers and/or Niivana may be subject to certain requirements under HIPAA. As a result, Niivana has adopted a HIPAA Notice of Privacy Practices (the “HIPAA Privacy Policy”) to describe how Niivana and its providers use and disclose your PHI.
The Service may only be used within certain jurisdictions within the United States as set forth in the Terms of Service. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your personal information, is governed by U.S. law, and by using the Site and/or App, you acknowledge that the Site and/or App will be governed by U.S. law. Using the Site and/or App from outside the United States is prohibited under our Terms of Service and may subject you to termination under such Terms of Service. In no event will Niivana or any of its officers, directors, employees, consultants, subsidiaries, agents, and affiliated entities or any of Niivana’s providers, be liable for any losses or damages arising from your use of the Site and/or App outside of the United States, and you waive any claims that may arise under the laws of your location outside the United States.
Notwithstanding the foregoing, we do not represent or warrant that the Site and/or App is appropriate or available for use in any particular jurisdiction. If you choose to use the Site and/or App from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site and/or App. By providing any information, including PHI, on or to the Site and/or App, you consent to such transfer, storage, and processing.
These California Privacy Rights Disclosures (the “CA Disclosures”) provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (“CPRA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in this Privacy Policy or as otherwise defined in the CCPA.
Personal Information
When we use the term “personal information” in these CA Disclosures, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
For the purposes of these CA Disclosures, personal information does not include:
California Privacy Rights
As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):
Collection and Use of Personal Information
We collect various categories of personal information in connection with our services. Please review this Privacy Policy to learn more about the personal information we collect, how we collect personal information and how we use personal information. The personal information we collected in the last twelve months is as described above under the heading “Categories of Information Collected”.
Sale of Personal Information
We do not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party partners and providers to collect information about consumers directly through our services for purposes of analyzing and optimizing our services and ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and for other business purposes. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the section of this Privacy Policy with the heading “Opting-out and Unsubscribing” for more information including how you may be able to exercise your rights to opt-out of cookies, analytics and personalized advertising.
How to Exercise Your California Privacy Rights
To Exercise Your Right to Know or Right to Deletion: You may request that we:
To exercise your right to know and/or right to deletion, please submit a request by emailing support@niivana.com with the subject line “California Rights Request”.
We will need to verify your identity before processing your request. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the personal information collected in connection with a request to exercise the right to know and/or the right to deletion to that personal, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.
To Exercise Your Right to Opt Out of Personal Information Sales: As noted above, we do not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party partners and providers to collect information about consumers directly through our services for purposes of analyzing and optimizing our services and ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the section of this Privacy Policy with the heading “Opting-out and Unsubscribing” for more information including how you may be able to exercise your rights to opt-out of cookies, analytics and personalized advertising.
We will update these CA Disclosures from time to time. When we make changes to these CA Disclosures, we will change the “Last Updated” date at the beginning of this Privacy Policy. If we make material changes to these CA Disclosures, we will notify you by email to your registered email address, by prominent posting on our website, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.