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Terms and Conditions

Terms of Service

We last updated this policy on 18 February 2022. You should check to see if any of the terms have changed since you last read them. 

We know it’s tempting to skip our terms, but it’s important to establish what you can expect from us when you join or visit us and what we expect from you.

I. INTRODUCTION

These terms explain how mindish’s services operate, the laws that apply to our company, and the rules we’ve put in place to ensure that you and our community are able to do the work together — while being authentic, responsible, and safe. Remember: this agreement is legally binding, which means there are and can be penalties for breaking it (for both of us). 

Understanding these terms is important because, by accessing or using our services, you’re agreeing to these terms.

Besides these terms, we also publish a privacy policy. You should read it along with these terms, as it forms a part of these terms. It also explains how you can update, manage, and delete your information.

A. Who we are

Our services are owned, provided and operated by Mindish Limited, a private company limited by shares that is incorporated under the laws of Hong Kong with Company Registration number 3054435. Our registered address is: Level 23, One Taikoo Place, 979 Kings’ Road, Quarry Bay, Hong Kong.

B. Who can use our services

If you visit or use our websites or mobile apps, or visit or join mindish (including a private session, meditation practice, or an event hosted by or in partnership with us) or access our services, you agree to these terms and understand they apply to you. You must be at least 16 years of age to use our services, and if you’re under the age of 18, you must have your parent or legal guardian’s permission to use our services. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s use and activity of our services.

C. What this agreement covers

These terms and conditions (“terms”) govern your relationship with us, including, but not limited to:

  • The use of the mindish website at www.mindish.com (the “website”)
  • The use the mindish mobile application (the “app”)
  • The purchase and use of a mindish session or membership, including any access to sessions, meditations , or events
  • How to cancel your purchase of mindish services and obtain an eligible refund
  • How to book, reschedule, or cancel a session, meditation  or event
  • The purchase of merchandise 
  • The use of and attendance at mindish’s facilities
  • How to make a complaint or providing feedback 
  • Getting in touch with us and how we will maintain ongoing communication with you 

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

A. Informal dispute resolution

At mindish, we believe every member and guest matters. Our goal is to do our best to ensure that every experience with mindish will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please email us at [email protected] or write to us at Mindish Limited, Level 23, One Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong Attention: Member Experience Manager. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek (i.e. how you want us to make things right). 

B. Informal dispute resolution

By accepting the terms, you and mindish agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the governing laws of Hong Kong, SAR. 

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class action waiver

You agree that the arbitration of any dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving mindish or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against mindish. We and you agree that the arbitrator of any dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver (“class action waiver”) clause or any portion thereof is found to be illegal or unenforceable, then only that part of this arbitration agreement will be unenforceable, and, if the entire arbitration agreement in found to be illegal or unenforceable, the dispute will be decided by a competent court of law. Any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of “dispute” 

Except as described below, the term “dispute” in this arbitration agreement and the class action waiver means any dispute, claim, or controversy between you and mindish regarding any aspect of your relationship with mindish, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the terms except for the scope, enforceability and interpretation of this arbitration agreement and class action waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How will the arbitration work?

Either you or mindish may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or mindish initiate arbitration, you and we have a choice of doing so before any competent arbitration body in Hong Kong.

F. Where will the arbitration be held?

All cases for arbitration brought by you or mindish must be done within Hong Kong SAR. 

III. MINDISH AGREEMENT

A. Use of our services by minors

If you are under 18, you may only access and use our services with the involvement of a parent or legal guardian. Such registration must be done in person at a mindish facility with the minor and parent or legal guardian present. Mindish does not grant memberships to minors below the age of 16.

B. Memberships and benefits 

In order to receive access to services through mindish, you must first purchase a single private session as a non-member or opt-in to a mindish membership. Initial purchases must be made in person at a mindish facility during a consultation with a mindish member of staff. During your consultation, they will review available mindish membership options including benefits, pricing and terms. 

Non-members are able to purchase single therapy credits at the market advertised at the time. Non-members do not receive additional member benefits such as discounted pricing, meditations or events. 

All mindish memberships are subject to a one time activation fee, unless waived by us at our sole discretion.

mindish membership are tiered based on the frequency a member requires access to private sessions over a 12 week term as follows:

Membership Tiers Therapy & Coaching Hours Included
mindish lite 6

(one session every other week)

mindish standard 12

(one sessions per week)

mindish plus 24

(two sessions per week)

In addition to discounts on therapeutic benefits, all mindish members receive exclusive benefits including dedicated Personal Growth Managers, unlimited access to meditations and unlimited access to member only events. Meditations and member events are subject to availability.

Unused private sessions expire seven days after the end of the 12 week term. This is to provide flexibility for any makeup sessions that may result from a cancellation in the final week of the term. Any private session not used after this time will be forfeited, and will not be refunded or credited to a future term. If special circumstances prevent a member from using membership benefits for a time, they are encouraged to contact their PGM to discuss pausing their membership per our suspension terms. 

The price of membership tiers are subject to change, but mindish will honor your pricing until the current membership term expires, regardless of whether there is a price increase in the interim.

Acceptable forms of payment at mindish are major credit and debit cards, cash, bank transfer and check. Payment must be received in advance of services being rendered.

Your payment method will be charged the full membership activation fee and membership dues on your first day of membership. After your initial membership term, we will contact you to discuss the options for renewals. Changes to membership tiers must be requested through your PGM, and will be effective for the upcoming membership term. mindish will not process charges that use incorrect, expired, or over-the-limit payment methods. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that mindish may incur in its efforts to collect any unpaid balances from you.

Memberships can be gifted in the form of a complimentary bespoke mindish experience which can be arranged by members and non-members alike by contacting us. Gift cards and gifted memberships are valid for the amount stated on the card and must be used within 6 months from the date of purchase.

C. Bookings, cancellations and no shows 

Private sessions are booked through each member’s Personal Growth Manager up to 30 days in advance. Members can request to cancel or reschedule a session but must do so by contacting your Personal Growth Manager at least 24 hours in advance, so we can make time for someone else. If you cancel less than 24 hours in advance or do not show up for your session at the scheduled time, it will be deducted from your membership without a refund or the option to reschedule. Benefits not used prior to 7 days after the 12 week contract ends will be forfeited.

Meditations can be booked directly through the mindish web or mobile app up to one hour before the meditation practice is scheduled to begin. Alternatively, members can contact their PGM directly to receive recommendations and book on their behalf. Meditations can be canceled instantly on the mindish web or mobile app, but we ask that you do so at least 24 hours in advance. If we observe a pattern of no-shows or late cancellations, we may temporarily restrict your advance booking privileges for a short time. This helps keep access to mindish fair for everyone, particularly those who need it most. If meditations are fully, members can opt to be waitlisted. 

If meditations are full, members will have the option to be waitlisted through the mindish app. If waitlisted, they will be notified as soon as possible if and when a spot opens due to a cancellation by another member. If there are no-shows, the open spots will be made available to mindish members in the facility at that time who may not be registered for the meditation already. 

Member events are booked directly by the member through the mindish web or mobile app from 3o to 3 days before the event. Member events can be canceled instantly on the mindish web or mobile app, but we ask that you do so at least 24 hours in advance. If we observe a pattern of no-shows or late cancellations, we may temporarily restrict your advance booking privileges for a short time. This helps keep access to mindish fair for everyone, particularly those who need it most.

D. Your right to cancel 

You have the right to cancel your purchase of a mindish private session or membership at any time and for any reason.

When canceling, members have the option to 1) cancel the current membership term and opt for a refund of any unused sessions or 2) complete a number of future sessions and opt for a refund of any unused sessions after a certain point at an elected date in the future. Please note one-off or ad-hoc fees, such as initiation fees, cannot be refunded at any point for any reason whatsoever.

To cancel, mail, email or deliver a signed and dated notice which states that you are canceling your purchase, and send it to [email protected] or your local mindish studio.

mindish will refund the purchase price of your unused private sessions within ten working days (10) after we receive your notice of cancellation. You shall have the option to receive the refund either to the original method of payment or in the form of a mindish gift card.

When you cancel a current membership, any additional benefits such as access to a Personal Growth Manager, meditations and member events will be terminated at the effective date of membership cancellation.

In certain cases, we will not be able to offer a refund. For instance:

  • No refunds will be granted for members whose privileges are revoked for failure to comply with mindish member House Rules, or these terms and conditions of membership.
  • No refunds will be granted for private sessions that have been used, or were not cancelled less than 24 hours in advance.
  • No refunds will be granted for therapy credits that were not used within 7 days after the 12-week membership term has ended.
  • No refunds will be granted for event no-shows or cancellations that occur less than 7 days in advance.

E. Suspending, terminating, or transferring your membership  

Members can suspend their membership when unable to access member benefits for an extended period of time due to illness, travel, or other. When a membership is suspended, unused benefits will be frozen and applied to the members account upon reactivation for a length of time equal to the length of time remaining in the contract when the suspension was initiated. Suspensions are meant to be short term. If not resumed within 6 months, all remaining benefits will be forfeit without refund. To suspend, mail, email or deliver a signed and dated notice which states that you are suspending your membership and for what duration of time, and send it to [email protected] or your local mindish studio.

mindish memberships are non-transferable, but unused credits can be gifted to another member via a mindish gift card by contacting your local mindish studio. 

mindish may terminate a membership at any time for violating mindish community values or for lapses in payment of dues in excess of 14 days. Upon termination, the member will be notified via email and any unused credits will be forfeited.

A membership that has been canceled at a members request may be reinstated within a 6 month period without incurring an additional membership initiation fee. The membership initiation fee will apply to membership reinstated after 12 months. To reinstate a membership, mail, e-mail or deliver a signed and dated notice which states that you are reinstating your membership, including your membership number and desired effective date, and send it to [email protected] or Mindish Limited, Level 23, One Taikoo Place, Quarry Bay, Hong Kong Attention: Legal.

F. Arrival, late arrivals, no shows & early departures – private sessions, meditations & member events

Members are encouraged to arrive 5-10 minutes early to all scheduled private sessions, meditations and member events. This helps us keep things running on time, and also provides a moment for members to disconnect from the busy world outside mindish, and get in the head space to do the work. Use this time to meditate in a quiet corner on your own, thumb through our member library or strike up a conversation with fellow members.

When arriving at mindish, there is nothing you need to do to check in; go straight to the member common area and find a comfy spot to relax. You will be greeted by a member of mindish staff, who may ask to see your valid government-issued ID and will check you in for your private session, meditation or member event. If they do not see you scheduled in the system, they will see if you need assistance booking a private session, meditation or member event — or if you are just there to soak in the good vibes, that’s fine too! Your practitioner will come find you when it is time for your session to begin and take you to the appropriate room. If you’re attending a meditation or event, please make your way to the right room. 

Please contact your Personal Growth Manager if you are running late for a private session. A 10 minute grace policy exists for private sessions. When late by 10 minutes or less, as a courtesy we will extend the end of the session appropriately to maintain a full session. However, we cannot extend the session beyond 10 minutes as it will negatively impact the next member’s session and subsequent schedules. If you are more than 10 minutes late, the length of the session will be reduced accordingly to not end more than 10 minutes late. No credit will be awarded to members accounts for lost time due to late arrivals.

There is no grace period for meditations, as late arrivals disrupt the experience of other members; members must arrive 5 minutes early for check in. If you have not checked in for your meditation 5 minutes before the scheduled start time, your reservation will be released to other members who may be in the mindish studio at that time or on a waitlist. 

Though we encourage all members to arrive early for member events, as a courtesy, we do offer a 5 minute grace period for member events. If arriving late please be sure to inform your Personal Growth Manager. In special circumstances, if not disruptive to other members given the nature of the event, they may be able to accommodate arrivals later than 5 minutes.

Late arrivals in excess of 5 minutes meditations and member events will be counted as a no show.  

No shows for private sessions will be debited from the members’ available private sessions. 

A sustained pattern of no shows for meditations or member events within a month will result in restricted ability to book through the mindish app or in advance in general. To access a meditation or member event after a pattern of no shows, members will have to walk-in or wait on standby. 

If you need to leave early, please ensure you inform your therapist, coach, meditation teacher or event host in advance. We will accommodate requests to leave early when needed, but ask that members do so only when absolutely necessary as we want them to get the full benefit of mindish services and do not wish to disrupt the experience of other members and guests.

G. Services provided at mindish

At mindish, our vision is to provide access to mental health services for more than illness, but also for long term health and happiness. However, individual results will vary and are dependent upon each member to put into practice what they learn at mindish. We call this ‘doing the work’: an ongoing process of cultivating deeper self awareness and moving from unconsciously coping with life’s stresses and challenges to more intentional living. As such we cannot guarantee individual member results, only that we will offer services to all mindish members to aid them on their personal journey to long term health and happiness. Our services are not a substitute for clinical or medical care. 

Our integrated and holistic approach draws on a range of therapeutic modalities and disciplines, maximizing the benefit to our members by personalizing treatment plans to meet their individual goals and circumstances. All members will work with a Personal Growth Manager to develop a personal plan, and will have frequent check-ins to measure progress and adjustments as needed to maximize individual results and overall satisfaction. 

Each member is assigned a dedicated Personal Growth Manager who plans and manages every member’s experience: making recommendations around therapy & coaching, meditation practices, and events and works to promote accountability while checking in with the member between individual private sessions to provide follow up, support and accountability as they work to implement healthier behaviors and changes. 

Therapies and treatments (inclusive of counselling, psychotherapy, hypnotherapy, life coaching and health coaching) provided at mindish will vary based on the unique qualifications and experience of the individual therapist contracted to facilitate therapy to members. We cannot guarantee the quality or credibility of any practitioner at mindish. 

The meditations provided at mindish will vary based on the unique qualifications and experience of the individual meditation practitioner contracted to facilitate meditations. We cannot guarantee the quality or credibility of any meditation teacher at mindish. 

Member events are intended to grow with the mindish community. While the frequency of member events and specificity of topics evolve with the interest of our mindish members, we aim to include things like: member story sharing nights, book clubs, panel discussions, lectures and movies.

H. Consent to therapy and treatment

You understand that as a mindish member or guest, you have access to a range of therapeutic services and modalities. The specific type (or types) of treatment(s) and modality(ies) you will receive will be determined following an initial assessment and thorough discussion between you and a Personal Growth Manager. The goal of the assessment process is to determine the best course of treatment for  you. Typically, each treatment plan is delivered over the course of a minimum of 12 weeks. You may, at any time, cancel, pause, revisit or update your treatment(s), choice of therapist(s) or coach(es), and other personalized plans, as needed by speaking to your Personal Growth Manager.  

You understand that all information shared with your Personal Growth Manager as well as therapists and coaches at mindish is confidential and no information will be released without your consent, unless required by law.  In order to offer you the best possible treatments and outcomes, we share your personal data, including assessment, session notes and case files, between specialists in order to facilitate our interdisciplinary and personalized approach, to this end you agree and confirm you understand that some or all of your personal and sensitive information is shared between our staff to facilitate your treatment.

You also consent to your data and treatment records being stored electronically on a secure server and physically in a secure location as part of your member records. You understand that access to these records by mindish staff and external service providers is done only on a need to know basis as necessary to facilitate my treatment plan as developed between yourself and us. 

If you elect to receive a copy of your records, or have them released to an external agency or party (e.g: referral  for  medication, in patient treatment, third party services etc.) you understand that you  must make a formal request in writing to us 

I understand that verbal consent for limited release of information may be necessary in special circumstances.

I further understand  that  there  are  specific  and  limited  exceptions  to  this  confidentiality which  include  the following: 

  • When  there  is  risk  of  imminent  danger  to  myself  or  to  another  person,  mindish is  ethically bound to take necessary steps to prevent such danger.
  • When there is suspicion that a child or elder is being sexually or physically abused or is at risk of such  abuse,  mindish  is  legally  required  to  take  steps  to  protect  the  child,  and  to  inform  the proper authorities.
  • When a valid court order or the operation of law requires mindish to comply with such a request. 

By visiting our studios or using our services, you consent to participate in the evaluation and treatment offered to you at mindish. You also understand that you may stop or change treatment at any time.

I. Waiver and Release

By signing up for a membership or private session, attending any private session, meditation practice, event, and other programs, or visiting our studios (individually or collectively the “services”) of Mindish Limited and its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders (collectively “mindish”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assignees the following:   

  • You represent that you have no medical, physical or mental condition that would prevent you from properly using any of our services and that you do not have a physical or mental condition that would put you or anyone else (including our staff or other customers) in any physical, mental or medical danger, and that have not been instructed by a medical professional to not participate in our services. 
  • You acknowledge and accept that if you have any violent or aggressive tendencies, you and others are at risk of using our services, and you should inform us promptly and not be participating in our services.   
  • You understand that our services are not offered as a substitute for clinical or institutional mental health care or medical care and are not intended to diagnose, treat or cure any mental or physical health or medical conditions. You should also understand that your practitioner is not acting as a medical professional and any opinions they provide is not a substitute for medical advice.   
  • You understand and confirm that you have received no warranty, guarantee, or promise of any particular temporal or long-term result or results either expressed or implied, from mindish, or its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders. You acknowledge and agree that the very nature of mental health concerns necessarily means such that no specific result or results can be promised or warranted by us.  
  • You understand and agree that you are fully responsible for your own well-being during your time at and outside our studios and subsequently your choices and decisions.  You agree that at all times, you shall comply with all stated and customary terms, posted safety signs, rules, and written and verbal instructions given to you by mindish.   
  • You understand and agree that as a company we share confidential information about you such as private session notes between practitioners so that all therapists, coaches and nutritionists working with you can keep abreast of your story and work collaboratively. Only practitioners and the personal growth manager working with you will see your sensitive records and confidential notes. Other staff such as community managers or meditation teachers will not have access to this system. This will always be done in a confidential way respecting your privacy and integrity. 
  • You understand and accept that all observations, comments, ideas, and guidance offered by our staff,  personal growth managers, practitioners, meditation teachers and event facilitators, whether at or outside our studios, in-person or online, at your request or otherwise, are solely for the purpose of aiding you in achieving your defined goals in order to improve or enhance your mental wellbeing or mental maintenance. You will be able to give informed consent, and hereby give such consent to your personal growth manager, practitioners, meditation teachers and event facilitators to assist you in achieving such goals. Where we think it is in the interest of your well-being, we may work with your GP or a medical professional and share relevant information.  
  • You accept that the therapies, modalities and techniques we employ in our services, namely through private sessions, meditation practices and certain experiential events, may release strong emotions and you accept this possibility and the results, including any damage or trauma, of such emotional release. Some services may elicit uncomfortable thoughts and feelings, or may lead to the recall of troubling memories. During such times, you agree to follow instructions carefully and to immediately stop any activity that causes you any unacceptable discomfort, emotional distress or pain. You confirm that you will report any discomfort to the mindish staff member during and at the end of the private session, practice, or event. You recognise that you may also choose to do physical movement, such as sitting, standing and walking meditation and doing so is entirely at your own risk.  
  • While we do not prescribe medication at our studios, we may work in partnership with external clinics or consultants, including psychiatrists, who may do so. In such cases, we accept no responsibility for the services offered by these partner-practitioners. Some medications might have side effects or you may experience an adverse reaction to them. It is your responsibility to discuss any potential side effects with these practitioners in advance or as concerns and symptoms arise. 
  • You understand and accept that any functional or health testing we offer at mindish is operated via a third party partner and that mindish accepts no responsibility for the operation of these tests and the accuracy of any results.  
  • You understand that the use of technology is not always secure and accept the risks of data security in the use of email, text, phone, Zoom and other technology.  
  • You confirm that you have read and understood our terms and conditions, house rules, privacy policy and other documentation relating to confidentiality and safety.  
  • You can understand and accept that if we suspect or confirm that you or someone else is at risk, we may contact the relevant authorities in order to protect yourself or someone else. This may involve sharing confidential information that you have provided to us in general or during a private session. In doing so, we will not ask for your consent or necessarily inform you that we have done so. In some cases, such reporting is obligated by law.
  • We may offer you the ability to receive emails, texts, calls and mail in connection with our services and to communicate with us using these means. From time to time, we may need to communicate with you about sensitive information, including your confidential records. Electronic communications, unless adequately encrypted, are not secure and may be viewed or interfered with by others. mindish accepts no responsibility for the security or integrity of any information sent by us or to us over the internet or by other electronic means. Unless you explicitly state in writing, you will be automatically enrolled in electronic communications. You confirm that you have understood and accepted these risks and agree to receive communications over electronic means. If you do not wish to send or receive communication over electronic means, you must let us know in writing and you accept and understand that doing so will limit our ability to communicate with you outside in-person contact (for example, we will not be able to communicate with you over WhatsApp or a phone call).
  • You further declare and represent that no promise, inducement or agreement not expressed in this agreement that is relevant to the terms of this agreement has been made.  You accept that we reserve the right to refuse or suspend access to our services for no reason or any reason at all at our sole discretion without prior notice.   
  •  If in the subjective opinion of mindish staff, you would be at any risk participating in our services, you understand and agree that you may be denied access to part or all of our services until you satisfy mindish that you are no longer at risk, at your sole cost and expense, specifically addressing our concerns and certifying that our concerns are unfounded.   
  • You hereby agree to assume full responsibility for any and all physical or mental injuries or damage that are sustained or aggravated by yourself in relation to our services.  

You hereby release, indemnify, waive, acquit and forever discharge Mindish Limited together with its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders, including their agents, successors, assigns, personal representatives, executors, heirs and assignees from any and all responsibility, claims, suits, procedures, actions, courses of action, claims, demands, injuries, damages, costs, loss of service, expenses, compensation and liabilities to the fullest extent allowed by Hong Kong law arising out of or in any way related to participation in our services, including on account of any and all known and unknown personal injuries, mental anguish or agitation, and damage claims to person or property resulting from or arising out of or related to services provided by us and by the operation of our business.

J. External links & third party websites

mindish has not reviewed all the sites linked to our website and/or app, and is not responsible for the content or any external pages or other linked sites. Although a third party website and/or app may contain the mindish logos or references to our services, please understand that they are independent from mindish, and that mindish has no control over the content of their website and/or app. Accessing third party or external links or websites from our website and/or app is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with mindish.

K. Emails, texts, calls, mail and other electronic communications

We may offer you the ability to receive emails, texts, calls and mail in connection with our services and to communicate with us using these means. By signing up for a membership or using our services, you agree to receive emails, texts, (including prerecorded and/or by autodialer) calls and mail that mindish may send to the contact information you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving marketing communications at any time by speaking to a staff member or contacting us at [email protected] and specifying you want to opt-out of direct marketing. We may send you correspondence confirming any opt-out by you and any such opt-out is limited to the contact information in question at the time and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your mobile phone service provider, and providers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and providers are supported. Contact your provider for further details. Additional terms may apply as set out in the terms of your opt-in.

From time to time, we may need to communicate with you about sensitive information including your confidential records. Electronic communications, unless adequately encrypted, are not secure and may be viewed or interfered with by others. mindish accepts no responsibility for the security or integrity of any information sent by us or to us over the internet or by other electronic means. 

L. Intellectual Property Rights

The trademarks and trade dress of mindish are proprietary to mindish and may not be used by you for any reasons other than as expressly permitted by these terms. All website and app content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, mindish. You have the right to view, electronically copy, and print in hard copy portions of our website and app for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of mindish, is strictly prohibited.

You acknowledge that mindish and/or third party content providers remain the owners of all our website and app materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these terms. mindish may discontinue or remove the website or app, or any portion thereof, or discontinue your right to use the website or app, or any portion thereof, at any time.

M. No data mining 

You are not authorized without the prior written permission of mindish to use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this website and/or app or accessed through this website and/or app. You also shall not engage in the mass downloading of files from this website and/or app; use the computer processing power of this website and/or app for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this website.

N. No commercial use 

You are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of mindish’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of our services or products, including our owned media, website or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on our website and/or app in connection with the sale or resale of any mindish products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided through our service, printed or digital content, our website and/or app. Furthermore, mindish’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these terms, your permission to use mindish’s material will automatically terminate and any copies made of mindish’s material must be immediately destroyed.

Any unauthorized use of mindish’s material may violate criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

O. Warranty disclaimer and limitation of liability

In no event will mindish be liable for any direct, indirect, special, or other consequential damages resulting from your use of our services, purchase of our memberships, visits to our studios, attendance at our events, the use of our website and app, visiting any linked/third-party website, your rights to cancel any purchase, communication with mindish, and the use of and attendance at mindish’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if mindish expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by mindish on an “as is” basis only. The entire risk as to the quality, availability and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective or dissatisfactory after purchase, you assume the entire cost of such defect or limitation. mindish provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

P. Acceptance of terms

By using our website or app, visiting our studios, making a purchase, registering for or attending a private session, meditation practice, or event at mindish, joining or participating in mindish at Work, purchasing merchandise, and/or using or attending any of our services, you signify your acceptance of the terms. If you do not agree to this, please refrain from engaging with us.

Occasional changes may be made to our terms from time to time. The terms may be revised at any time at our sole discretion without prior notice. You also agree to be bound by any such revisions and are encouraged to check our policies periodically to stay informed of current terms.

Q. Contact Us

If you have any questions about these terms, you can reach us at [email protected]

Assumption of Risk, Waiver & Release

We last updated this policy on 18 February 2022. You should check to see if any of the terms have changed since you last read them. 

By signing up for a membership or private session, attending any private session, meditation practice, event, and other programs, or visiting our studios (individually or collectively the “services”) of Mindish Limited and its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders (collectively “mindish”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assignees the following: 

  • You represent that you have no medical, physical or mental condition that would prevent you from properly using any of our services and that you do not have a physical or mental condition that would put you or anyone else (including our staff or other customers) in any physical, mental or medical danger, and that have not been instructed by a medical professional to not participate in our services. You acknowledge and accept that if you have any violent or aggressive tendencies, you and others are at risk of using our services, and you should inform us promptly and not be participating in our services.
  • You understand that our services are not offered as a substitute for clinical or institutional mental health care or medical care and are not intended to diagnose, treat or cure any mental or physical health or medical conditions. You should also understand that your practitioner is not acting as a medical professional and any opinions they provide is not a substitute for medical advice.
  • You understand and confirm that you have received no warranty, guarantee, or promise of any particular temporal or long-term result or results either expressed or implied, from mindish, or its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders. You acknowledge and agree that the very nature of mental health concerns necessarily means such that no specific result or results can be promised or warranted by us.
  • You understand and agree that you are fully responsible for your own well-being during your time at and outside our studios and subsequently your choices and decisions.
  • You agree that at all times, you shall comply with all stated and customary terms, posted safety signs, rules, and written and verbal instructions given to you by mindish.
  • You understand and agree that as a company we share confidential information about you such as private session notes between practitioners so that all therapists, coaches and nutritionists working with you can keep abreast of your story and work collaboratively. Only practitioners and the personal growth manager working with you will see your sensitive records and confidential notes. Other staff such as community managers or meditation teachers will not have access to this system. This will always be done in a confidential way respecting your privacy and integrity.
  • You understand and accept that all observations, comments, ideas, and guidance offered by our staff,  personal growth managers, practitioners, meditation teachers and event facilitators, whether at or outside our studios, in-person or online, at your request or otherwise, are solely for the purpose of aiding you in achieving your defined goals in order to improve or enhance your mental wellbeing or mental maintenance. You will be able to give informed consent, and hereby give such consent to your personal growth manager, practitioners, meditation teachers and event facilitators to assist you in achieving such goals. Where we think it is in the interest of your well-being, we may work with your GP or a medical professional and share relevant information.
  • You accept that the therapies, modalities and techniques we employ in our services, namely through private sessions, meditation practices and certain experiential events, may release strong emotions and you accept this possibility and the results, including any damage or trauma, of such emotional release. Some services may elicit uncomfortable thoughts and feelings, or may lead to the recall of troubling memories. During such times, you agree to follow instructions carefully and to immediately stop any activity that causes you any unacceptable discomfort, emotional distress or pain. You confirm that you will report any discomfort to the mindish staff member during and at the end of the private session, practice, or event. You recognise that you may also choose to do physical movement, such as sitting, standing and walking meditation and doing so is entirely at your own risk.   
  • While we do not prescribe medication at our studios, we may work in partnership with external clinics or consultants, including psychiatrists, who may do so. In such cases, we accept no responsibility for the services offered by these partner-practitioners. Some medications might have side effects or you may experience an adverse reaction to them. It is your responsibility to discuss any potential side effects with these practitioners in advance or as concerns and symptoms arise.
  • You understand and accept that any functional or health testing we offer at mindish is operated via a third party partner and that mindish accepts no responsibility for the operation of these tests and the accuracy of any results
  • You understand that the use of technology is not always secure and accept the risks of data security in the use of email, text, phone, Zoom and other technology.
  • You confirm that you have read and accepted our terms of service, house rules, privacy policy and other documentation relating to confidentiality and safety, and understand that they are legally binding.
  • You can understand and accept that if we suspect or confirm that you or someone else is at risk, we may contact the relevant authorities in order to protect yourself or someone else. This may involve sharing confidential information that you have provided to us in general or during a private session. In doing so, we will not ask for your consent or necessarily inform you that we have done so. In some cases, such reporting is obligated by law.
  • We may offer you the ability to receive emails, texts, calls and mail in connection with our services and to communicate with us using these means. From time to time, we may need to communicate with you about sensitive information, including your confidential records. Electronic communications, unless adequately encrypted, are not secure and may be viewed or interfered with by others. mindish accepts no responsibility for the security or integrity of any information sent by us or to us over the internet or by other electronic means. Unless you explicitly state in writing, you will be automatically enrolled in electronic communications. You confirm that you have understood and accepted these risks and agree to receive communications over electronic means. If you do not wish to send or receive communication over electronic means, you must let us know in writing and you accept and understand that doing so will limit our ability to communicate with you outside in-person contact (for example, we will not be able to communicate with you over WhatsApp or a phone call).
  • You further declare and represent that no promise, inducement or agreement not expressed in this agreement that is relevant to the terms of this agreement has been made.
  • You accept that we reserve the right to refuse or suspend access to our services for no reason or any reason at all at our sole discretion without prior notice. 
  • If in the subjective opinion of mindish staff, you would be at any risk participating in our services, you understand and agree that you may be denied access to part or all of our services until you satisfy mindish that you are no longer at risk, at your sole cost and expense, specifically addressing our concerns and certifying that our concerns are unfounded. 
  • You hereby agree to assume full responsibility for any and all physical or mental injuries or damage that are sustained or aggravated by yourself in relation to our services.
  • You hereby release, indemnify, waive, acquit and forever discharge Mindish Limited together with its staff, contractors, sub-contractors, employees, partners, owners, directors and shareholders, including their agents, successors, assigns, personal representatives, executors, heirs and assignees from any and all responsibility, claims, suits, procedures, actions, courses of action, claims, demands, injuries, damages, costs, loss of service, expenses, compensation and liabilities to the fullest extent allowed by Hong Kong law arising out of or in any way related to participation in our services, including on account of any and all known and unknown personal injuries, mental anguish or agitation, and damage claims to person or property resulting from or arising out of or related to services provided by us and by the operation of our business. 

Cookie Policy

We last updated this policy on 13 January 2022. You should check to see if any of the terms have changed since you last read them.

Below is information about how mindish and its affiliates (“we”) use cookies and other similar technology on this website.

We can place cookies and other similar technology on your device and collect the following information through cookies or similar technology: your unique device identifier, mobile device IP address, information about your device’s operating system, mobile carrier and your location information (to the extent permissible under applicable law).

What are cookies?

Cookies are simple text files stored by your web browser that provide a method of distinguishing among members and visitors to the website. We use cookies to identify your browser as you visit pages on our website or sites in the mindish media network. Cookies also allow us to provide more relevant, targeted content as you travel through sites. Cookies managed by mindish only are called “first party cookies” whereas cookies from third parties are called “third party cookies” as explained below.

Why do we use cookies and similar technologies?

Cookies do a lot of different jobs, such as letting you navigate between pages efficiently, remembering your preferences and generally improving the user experience. They can also help to ensure that the advertisements you see online are more relevant to you and your interests. In addition, cookies can help us to analyze the use of our websites and online content (analytics cookies) and they can also facilitate/track the interaction on our websites and online content with social media (e.g. links to social media sites, like buttons, etc.).

Does mindish use cookies for marketing and analytics?

Yes, we may use information collected from our cookies to identify user behavior and to serve content and offers based on your profile, and for the other purposes described below, to the extent legally permissible in certain jurisdictions.

In other cases, we can associate cookie information (including information from cookies placed via our advertisements on third party sites) with an identifiable individual. For example:

  • If we send you a targeted email which includes web beacons, cookies or similar technologies we will know whether you open, read, or delete the message.
  • When you click a link in a marketing email you receive from mindish, we will also use a cookie to log what pages you view and what content you download from our websites, even if you are not registered at or signed into our site.
  • Combining and analyzing personal data – As described above, we may combine data from publicly available sources, and from our different email, website, and personal interactions with you (this includes information collected across our different websites such as our careers and corporate sites and information collected when you sign-up or log on to our sites or connect to our sites using your social media credentials (such as LinkedIn). We combine this data to better assess your experience with mindish and to perform the other activities described throughout our privacy policy.

Do you use any cookies from third party companies?

Some cookies, web beacons and other tracking and storage technologies that we use are from third party companies (third party cookies), such as Facebook, Google Analytics, Instagram, and Linkedin Analytics to provide us with web analytics and intelligence about our sites which may also be used to provide measurement services and target ads. These companies use programming code to collect information about your interaction with our sites, such as the pages you visit, the links you click on and how long you are on our sites. This code is only active while you are on a mindish website. For more information on how these companies collect and use information on our behalf, please refer to their privacy and cookie policies.

Does mindish use any tracking technologies similar to cookies?

We may also use web beacons (including conversion pixels) or other technologies for similar purposes as above and we may include these on our sites, in marketing e-mail messages or our newsletter, affiliated websites, to determine whether messages have been opened and links clicked on. Web beacons do not place information on your device, but they may work in conjunction with cookies to monitor website activity. The information provided below about cookies also applies to web beacons and similar technologies. Conversion pixels are small codes located on a particular web page which are triggered when someone visits a page resulting in an increase in the conversion count.

What if I don’t want cookies or similar tracking technologies?

You can adjust or restrict your cookie settings through your browser. If you want to remove existing cookies from your device, you can do this using your browser options. Please bear in mind that deleting and blocking cookies may have an impact on your user experience.

What types of cookies does the site use?

The cookies used on mindish sites have been categorized as per the table below. However, it is important to note that not all cookies may be used in all jurisdictions or websites. A list of the categories of cookies used on this website is set out below.

Category Description
Strictly Necessary Cookies  These cookies are essential in order to enable you to move around the site and use its features, such as accessing secure areas of the site. Without these cookies, services you have asked for cannot be provided.
First party analytics cookies These cookies allow us to employ data analytics so we can measure and improve the performance of our site and provide more relevant content to you. These cookies don’t collect information that identifies a visitor down to an individual level that is available to us. These cookies are not passing personally identifiable information to any external third party other than in limited cases when we engage a service provider to act on our behalf but who is then unable to use the data for their own purposes.
Performance cookies  Performance cookies are generally third-party cookies from vendors we work with or who work on our behalf that collect information about your visit and use of the mindish website, for instance which pages you visit the most often, and if you get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is anonymous and is only used to improve how the website works. Third party vendors may have access to this data and may use it to improve their overall services and offerings.
Functionality cookies These cookies allow a site to remember choices you make (such as your username, language or the region you are in) and provide more enhanced, personal features.

These cookies cannot track your browsing activity on other websites. They don’t gather any information about you that could be used for advertising or remembering where you’ve been on the Internet outside our site.

Advertising and social media cookies Advertising and social media cookies (including web beacons and other tracking and storage technologies) are used to (1) deliver advertisements more relevant to you and your interests; (2) limit the number of times you see an advertisement; (3) help measure the effectiveness of the advertising campaign; (4) retargeting to mindish websites/information and (5) understand people’s behavior after they view an advertisement. They are usually placed on behalf of advertising networks with the site operator’s permission. They remember that you have visited a site and quite often they will be linked to site functionality provided by the other organization. This may impact the content and messages you see on other websites you visit.


Getting help

You can adjust your cookie settings at any time from your browser. If you need any help or have a question, please email us at [email protected].

Privacy Policy

We last updated this policy on 23 September 2021. You should check to see if any of the terms have changed since you last read them. 

Introduction

We at mindish aim to handle information with care. In particular, the security and confidentiality of all sensitive and private information must be safeguarded in accordance with applicable laws and regulations. This policy aims to provide a clear statement on the protection of personal data in order to provide for an adequate level of protection for customers, guests, and business partners globally.

Scope

This policy pertains to the personal data of natural persons that are, or are employed by, customers, visitors, suppliers and vendors of mindish. This policy does not apply to any other data relating to corporate, institutional or governmental bodies except where local law determines otherwise.

These terms are binding on mindish as a data controller and do not apply when mindish is acting as a data processor for a third party.

Who we are 

Your data is collected, stored, and managed by Mindish Limited, a private company limited by shares that is incorporated under the laws of Hong Kong with Company Registration number 3054435. Our registered address is: Level 23, One Taikoo Place, 979 Kings’ Road, Quarry Bay, Hong Kong. 

Who this policy applies to

If you visit or use our websites or mobile apps, or visit or join mindish, you agree to this policy and understand it applies to you. You must be at least 16 years of age to use our services, and if you’re under the age required, you must have your parent or legal guardian’s permission to use our services. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for managing your child’s data with us and ensuring its accuracy.

Local laws and conflict

mindish must always comply with any applicable legislation relating to personal data. Individuals keep any rights and remedies they may have under applicable local law. Therefore, these terms apply only where it provides supplemental protection compared to local law. Some requirements are qualified by the wording “if applicable local law so requires.” if this qualifier is included in any provision and local law has a similar provision, then the stricter of these terms or local law are followed.

Other policies

These terms operate in conjunction with our terms of service which apply to mindish worldwide. In case of conflict between these terms and our terms of service, these terms prevail. Furthermore, these terms may be complemented through other policies that are consistent with these terms. All mindish data protection policies and notices that are not consistent with these terms or impose less restrictive requirements will be superseded by these terms.

Where we collect data from

When an individual interacts with us, signs up for a membership, registers for guest pass, or creates an online account with us, they provide us with personal information that includes their name and contact information. In some cases, we may gather additional information such as medical history or payment information. Even if you aren’t signed in to a membership, you might choose to provide us with information — like an email address to receive updates about our services.

We also collect the information about you from your conversations, meetings and sessions with our staff, such as your Personal Growth Manager. This includes things like information on your health and needs, session notes, your progress and your preferences. 

Why we collect data

We process personal data for the following reasons:

  • Confidential assessments and discussions. This includes collecting your data about yourself and your health history to provide therapeutic services, advice, and guidance during private sessions and to facilitate your wider experience at mindish. 
  • Personalizing your experience. This includes sharing information about your health, health history, needs, goals, preferences, and experiences with our staff across the mindish ecosystem, including meditation teachers, event facilitators, and community managers, as needed, to ensure that you have a personalized and effective experience. 
  • Fostering collaboration between our therapists, coaches, specialists, supervisors, and teachers. This includes sharing personal data, assessments, and case notes between our staff to facilitate our multidisciplinary approach and identify therapeutic opportunities for you. 
  • Delivering our services. This addresses facilitating private sessions, classes, and events, and discussed your personal and confidential information including about your emotional, physical and general health and wellbeing, fostering collaboration between therapists, 
  • Product development, research and improvement of mindish products and/or services. This purpose addresses processing that is necessary for the development and improvement of mindish products and/or services, research and development.  
  • Performing agreements with customers, vendors and suppliers including making recommendations on mindish services, communication with individuals and other parties involved in contracts and responding to requests for (further) information for customers, vendors or suppliers, dispute resolution and development;
  • Relationship management and marketing for commercial activities including processing necessary for the development and improvement of mindish products and/or services, account management, customer service and the performance of (targeted) marketing activities in order to establish a relationship with a customer and/or maintaining as well as extending a relationship with a customer, vendor or supplier and for performing analyzes with respect to personal data for statistical and scientific purposes;
  • Business process execution, internal management and management reporting addressing activities such as addressing operational issues, managing company assets, conducting internal audits and investigations, finance and accounting, implementing business controls,, managing mergers, acquisitions and divestitures and processing personal data for management reporting and analysis;
  • Safety and security. This purpose addresses activities such as those involving safety and health, the protection of mindish and our staff, customer, suppliers, or vendors and the authentication of staff, customer, supplier or vendor data, status, and access rights;
  • Protecting the vital interests of individuals. This is where processing is necessary to protect the vital interests of an individual, e.g., for urgent medical reasons or to prevent harm to you or someone else;
  • Compliance with legal obligations. This addresses the processing of personal data as necessary for compliance with laws, regulations and sector specific guidelines to which mindish is subject, e.g., reporting criminal or harmful activity to law enforcement authorities or complying with a request from the police. 

Our grounds for collecting data 

Furthermore, all processing of personal data must be based on one of the following grounds:

  1. an individual’s consent;
  2. that it is necessary for the performance of a contract with the individual;
  3. that it is necessary for compliance with a legal obligation to which the data controller is subject;
  4. that it is necessary to protect the vital interests of the individual or another person;
  5. that it is necessary to perform a task carried out in the public interest;
  6. that is necessary for the purposes of the data controller’s legitimate interests, except when the interests are overridden by an individual’s interests or rights.

Our approach to individual consent 

When seeking an individual’s consent, mindish will inform the individual in clear and plain language of the intended processing. Consent must be given by a statement or clear affirmative action. Where processing is undertaken at the individual’s request, the individual will have been deemed to have provided consent. If a business purpose as described above does not exist or if applicable local law so requires, mindish shall (also) seek the individual’s consent. Additionally, mindish shall provide simple, fast and efficient procedures that allow the individual to withdraw his consent at any time.

Personal data of dependents

We process personal data of dependents, such as a child or spouse, of individuals if:

  1. the personal data were provided with individual’s or dependent’s consent; or
  2. the processing of the data is reasonably necessary for the performance of a contract with the individual; or
  3. the processing is required or permitted by applicable local law.

Using your data for anything else

Generally, mindish will only use personal data for the purposes for the original purpose. Processing the personal data for a secondary purpose is only permitted if the original and secondary purposes are closely related (and therefore, required) or with the consent of the individual.

A closely related secondary purpose exists provided that necessary arrangements are made for:

  1. Transfer of the personal data to an archive; or
  2. Referral to a senior supervisor in the case of complex cases or concerns; or 
  3. Personalizing your mindish experience; or 
  4. Ethical or legal reporting requirements; or 
  5. Internal audits or investigations; or
  6. Implementation of business controls; or
  7. Statistical, historical or scientific research; or
  8. Dispute resolution or litigation; or
  9. Legal or business consulting; or
  10. Insurance or indemnity purposes.

Where the use of personal data for a secondary purpose has an adverse impact on the individual’s privacy, mindish will take additional measures as necessary, such as a) limited access to the personal pata, b) additional confidentiality requirements, c) additional security measures, d) informing the individual, or e) providing an opt-out opportunity.

Reporting harm

We have an ethical and legal obligation to report actual or suspected harm against any individual. In circumstances where we need to do so, either as a matter of policy or as required by law, we will exercise discretion as to the nature and extent of the information we share. In such circumstances, we may not necessarily inform the individual in question about our actions, as allowed by law.

Processing special personal data

As a general principle, we will not process special personal data except:

  1. with the explicit consent of the individual;
  2. where personal data have manifestly been made public by the individual;
  3. if the processing is necessary for the establishment, exercise or defense of legal claims or when courts act in their judicial capacity;
  4. if the processing is necessary to comply with an obligation of local law;
  5. if the processing is necessary to protect the individual’s vital interest, but only where it is Impossible to obtain the individual’s explicit consent first.

Specifically, mindish processes racial or ethnic and criminal data in the following instances:

  1. racial or ethnic data (such as photos or videos): mindish may take photos or videos of individuals with their consent at business events and keep these photos or videos for promotion purposes. mindish may also process individual’s photos I) for inclusion in supplier directories, ii) for the protection of customer assets as well as mindish and employee assets, iii) for site access and security reasons and iv) to comply with legal obligations.
  2. criminal data may be processed by mindish to protect its interests.

Data minimization, accuracy and storage limitation

Processing of personal data by mindish shall be guided by the principle of data minimization. This means that mindish only processes personal data that are reasonably adequate for and relevant to the applicable purposes and not be kept longer than necessary for the purposes. Promptly after a retention period has ended, the personal data will be deleted, anonymized or transferred to an archive (unless this is prohibited by law or an applicable records retention schedule).

mindish applies commercially reasonable efforts to keep the personal data accurate, complete and up to date. It is the individual’s responsibility to inform mindish regarding any changes to their data.

Transparency of the processing

mindish provides individuals, generally through privacy policies or notices, with information regarding:

  1. The identity and contact details of the mindish company responsible for the processing and the data protection lead
  2. The categories of personal data concerned, the purposes and the grounds of the processing.

In addition and if local law so requires, mindish provides individuals with the following information:

  1. legitimate interests pursued by mindish if the processing is based on this ground;
  2. where applicable, the (category of) recipients of the data;
  3. where applicable, the international transfer of the personal data to a third party;
  4. the period for which the personal data will be stored or the criteria used to determine this;
  5. the existence of data subject rights of the individual;
  6. if applicable, the existence of automated decision making including profiling.

Individual rights

Individuals have the following rights with regard to their personal data:

  1. Access to the personal data mindish processes relating to them;
  2. Rectification of the personal data in the event that the personal data are factually inaccurate,
  3. Incomplete or irrelevant to the purposes of the processing;
  4. Deletion of the personal data in the event that the personal data are incorrect, incomplete or not processed in compliance with applicable law or these terms.

The individual should send their request to the data protection lead or any other responsible function indicated in the relevant local complaints procedures. If no contact person or contact point is indicated, the individual may send his request to mindish using the contact details indicated in the general contact section of the local mindish website.

mindish will inform the individual in writing as to whether, and if so to what extent, the request will be granted, or the ultimate date on which he will be informed. The response will be provided at the latest within one month of receipt of the request. If necessary and taking the complexity and the amount of the requests into account, this period may be extended for a maximum of two months.

An individual may file a complaint if a) the response to the request is unsatisfactory, b) he has not received a response as required or c) the time period is unreasonably long and the individual’s objection to this has not resulted in a shorter period.

mindish may deny individual’s request if a) the request relates to a large quantity of personal data or is not made sufficiently specific and the individual does not respond to a request to further specify the request, b) the request is made within an unreasonable time interval of a prior request or otherwise constitutes an abuse of rights or c) the request entails a restriction, erasure, blockage or deletion of personal data that mindish is required by law or any other legitimate reason to retain or process. The individual will be informed of the motivation for the denial of its request.

Security and confidentiality requirements

mindish takes appropriate commercially reasonable technical and organizational measures to protect the personal data against misuse or accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, acquisition or access. mindish will ensure that only authorized and trained staff members may process data.

mindish will also ensure that a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data will be notified to the competent supervisory authority and individuals taking into account the requirements under applicable law.

Direct marketing

If mindish processes personal data for direct marketing purposes, the individual will be informed. If applicable law so requires, mindish will only send unsolicited commercial communication with the prior consent of the individual and offer them the opportunity to opt-out of further direct marketing communication. The individual can object to receiving marketing communications from mindish or withdraw his consent. In that event, mindish will take steps to immediately cease the processing for direct marketing purposes. mindish will not knowingly use any personal data of individuals under the age of sixteen years for direct marketing.

Automated decision making, including profiling

Individuals will not be subjected to decisions that have legal consequences for them and have been taken solely on the basis of the automated processing, including profiling. Automated decision making is allowed when 1) the decision is necessary for the conclusion or execution of a contract between mindish and the individual, 2) local law authorizes automated decision making and suitable measures are taken to safeguard the individual’s rights and freedoms or 3) the individual has given its explicit consent.

Transfer of personal data to third-party controllers

mindish shall only transfer personal data to a third-party controller if the transfer serves a) the legitimate purposes for which the personal data is processed and b) the transfer is compatible with the purpose for which the personal data were initially collected. mindish shall enter into a written agreement with the third-party controller.

Transfer of personal data to data processors

If mindish uses a data processor, mindish will ensure that this processor:

  1. provides adequate technical and organizational measures to protect the personal data against loss or any form of unlawful processing;
  2. only processes personal data on the instructions of the relevant mindish company that acts as a data controller; and
  3. only enlists a sub processor with the prior written consent of the mindish company acting as the data controller.

The responsibility toward the individual for the compliance of a processor engaged by the mindish company with a processor agreement lies with mindish.

Transfer of personal data to third-party processors

The mindish company acting as data controller will enter into a written contract with the third-party processor or provide a power of attorney to another mindish company or employee to do so on its behalf. The contract will include at least the following obligations:

  1. processing in accordance with the documented instructions from and for the purposes authorized by mindish;
  2. confidentiality of the personal data by the third-party processor and its duty to impose confidentiality on persons authorized to process the personal data;
  3. appropriate security measures by third-party processor to protect the personal data and assist mindish in complying with its obligations with respect to security;
  4. enlist sub processors only with the prior written authorization of mindish and impose on the sub processor the same obligations as imposed on the third-party processor under the written contract whereas the initial processor remains fully liable to mindish for the performance of sub processor’s obligations;
  5. assist mindish in complying with its obligations to respond to individual’s rights, such as right of access and rectification;
  6. mindish’s right to review compliance by the third-party processor with its obligations under the processor agreement;
  7. promptly informing mindish of any actual or suspected security breaches;
  8.  taking adequate remedial measures as soon as possible in the event of any actual or suspected security breach and promptly providing mindish with all relevant information and assistance as requested by mindish;
  9. deletion or return of (copies of) personal data to mindish upon its request after the end of the provision of data processing services unless applicable law requires storage.

Transfer of personal data to a third party in a country that does not provide an adequate level of protection

The transfer personal data to a third party in a country that does not provide an adequate level of protection is only permitted if one of the following applies:

  1. contract between mindish and the relevant third party that provides for safeguards at a similar level of protection as that provided by these terms or the contract shall conform to any model contract requirements under applicable local law, if any; or
  2. third party has been certified under any other program that is recognized as providing an “adequate” level of protection; or
  3. binding corporate rules implemented by the third party, an approved code of conduct, an approved certification mechanism or a similar transfer control mechanism which provide adequate safeguards under applicable law. Prior to transfer, these terms may be approved by data protection authorities.

An incidental transfer may also take place if it is absolutely necessary for:

  1. Performance of a contract with the individual or to take necessary steps at the request of the individual prior to entering into a contract;
  2. The conclusion or performance of a contract concluded in the interest of the individual between mindish and a third party; or
  3. To protect a vital interest of the individual; or
  4. The establishment, exercise or defense of legal claims; or
  5. To satisfy a pressing need to protect an important public interest (prior approval of the data protection lead is required and suitable measures must be taken to safeguard the legitimate interests of the individual); or
  6. If the transfer is required or permitted by any law or regulation to which the relevant mindish company is subject (prior approval of the data protection lead is required and suitable measures must be taken to safeguard the legitimate interests of the individual).

In the event that none of the above measures are in place or if local law so requires, mindish shall (also) request an individual’s consent for the transfer of personal data to a third party located in a country without an “adequate” level of protection. Prior to this request, mindish shall inform the individual as to the a) purpose of the transfer, b) identity of the transferring mindish company, c) identity of the (categories of) third parties to which personal data will be transferred, d) categories of data, e) country to which personal data will be transferred and f) the fact that personal data will be transferred to a country without an “adequate” level of data protection.

Overriding interest

An overriding interest may exist where the processing is necessary in the interest of a) the protection of the legitimate business interests of mindish or the continuity of mindish business operations, b) preventing or investigating (including cooperating with law enforcement) suspected or actual violations of law; or otherwise protecting or defending the rights or freedoms of mindish, its employees or other persons. Setting aside obligations of mindish or rights of individuals based on an overriding interest, requires approval by our data protection team. 

Supervision of data protection and responsibilities

Every employee at mindish is responsible and accountable for compliance and implementation of these terms and reports directly to a line manager who makes regular reports for the mindish management team. The mindish HQ, located in Hong Kong, has the responsibility for cooperating with, acting as contact point for the data protection supervisory authorities and as a contact point for any data subjects globally.

Training

mindish staff members who have access to personal data receive information and instructions in order to properly implement these terms. Staff members with permanent or regular access to sensitive data are trained and informed on the handling and protection of data in connection with these terms. Attending training courses, which are to be repeated at regular intervals, is mandatory for staff members.

Audits and compliance

The mindish internal audit department evaluates and reports on compliance with these terms on a regular basis. In the event of non-compliance, the relevant audit professional will work with the relevant data protection lead and the mindish HQ to take remediation measures. The audit professional will track the progress of these measures. The audit covers all aspects of these terms and shall be carried out in the course of the regular activities of audit or at the request of the mindish HQ. The mindish HQ can also request an audit conducted by an external auditor.

The competent data protection authorities can conduct an audit of a participating mindish company itself or have it conducted by an accredited independent auditor. Such an official audit is limited exclusively to compliance by the participating mindish company.

Data protection and security impact assessment

In the event the personal data is likely to present a high degree of risks to the rights and freedoms of individuals, mindish will carry out an assessment of the impact of an envisaged processing. This assessment will include an assessment of the risks to the rights and freedoms of individuals, the measures envisaged to address the risks, safeguards, security measures and mechanisms to ensure the protection of the personal data and compliance with these terms.

Privacy by design

mindish shall adopt internal policies and shall implement appropriate measures that meet the principles of data protection by design and by default. This means:

  1. implementation of appropriate technical and organizational measures and procedures at the time of the determination of the means and at the time of the processing itself in order to comply with these terms;
  2. implementation of mechanisms for ensuring that only those personal data are processed which are necessary for each specific purpose, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms must ensure that personal data are not accessible to an indefinite number of individuals.

Complaints procedure

Individuals can file a complaint in the event mindish does not comply with these terms or violates their rights under applicable law. The local complaints procedure shall ensure the initiation of an investigation and ensure the involvement of the appropriate data protection lead. If appropriate, a consultation with a government authority that has jurisdiction over a particular matter about the measures to be taken will take place.

mindish shall inform the individual within one month after the receipt of the complaint either I) of its position as to the complaint and any action taken or to be taken by mindish or ii) when the individual will be informed of its position, which date shall be no later than one month thereafter. If necessary, extension of this period is possible for a maximum of two months. mindish will inform the individual as to the extended period.

Complaint may also be escalated with mindish HQ if:

  1. the resolution by the appropriate business unit is unsatisfactory;
  2. the individual has not received a response as described above;
  3. the time period provided to the individual is unreasonably long and individual’s objection has not resulted in a shorter period in which he will receive a response;
  4. the response is unsatisfactory.

Legal issues

These terms shall be governed by and interpreted in accordance with Hong Kong law and complaints shall be supervised by the Office of the Privacy Commissioner for Personal Data.

Any complaints or claims of an individual concerning supplemental rights under these terms shall be directed to the local mindish legal entity or directly to the mindish HQ.

Individuals can choose to file complaints or claims concerning supplemental rights with the local competent supervisory authority or with Hong Kong’s data protection authority. Individuals can choose to lodge claims before a competent court in Hong Kong.

Additional safeguards, rights or remedies under these terms are granted by and enforceable against mindish corporations or the local mindish company. mindish is only liable for direct damages suffered by an individual resulting from a violation of these terms. Where individuals can demonstrate that they have suffered damage and establish facts which show that it is likely that the damage has occurred because of a breach of these terms, mindish will have to prove that the relevant mindish company was not responsible for the breach of these terms.

Updates to this policy

We change this privacy policy from time to time. We always indicate the date the last changes were published and we offer access to archived versions upon request for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain services, a written notification of intended changes).

Our response to COVID-19

To protect our community and prevent the spread of COVID-19, we have implemented the following health and safety measures — so we can all have peace of mind.

Heightened deep-cleaning: We use top-grade disinfectant proven to kill COVID-19 to regularly disinfect everything from doorknobs to meditation mats to couches — regardless of how often they are used.

Our staff: We currently test our team — from therapists to meditation teachers —  every day for COVID-19. Our staff wear face masks as required by law, and are also checked for symptoms of COVID-19 regularly. We encourage staff to limit person-to-person contact, including hugs and high fives.

Aside from respecting the safety guidelines put in place by the government, we ask that every member of our community takes our commitment seriously by following our house rules.

Social distancing: Please make sure to practice social distancing when in close, shared spaces like meditation rooms and common areas. Follow the markers placed around the room to maintain a safe distance.

If you are experiencing any symptoms or feel unwell: If you have a cough, fever, or symptoms of COVID-19, please do not visit us until you are symptom-free for at least a week. If you have tested positive for COVID-19, or have knowingly come into close contact with someone who has, we ask that you do not come in for 7 days and until only after you’ve tested negative for COVID-19. If you feel unwell, please stay home and stay safe, but you can always reach out to us for support over chat or a phone call.