Privacy Policy

Protecting your private information is our priority.

This Statement of Privacy applies to www.acultivatedmindset.com and A Cultivated Mindset and governs data collection and usage. For this Privacy Policy, unless otherwise noted, all references to A Cultivated Mindset include www.acultivatedmindset.com, ACM and Gymonkees LLC, Ciculate Foods LLC, and Alexander Art Foundation.

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The ACM website is an informational site to promote and inform services by A Cultivated Mindset Inc. site. Using the ACM website, you consent to the data practices described in this Statement.

To better provide you with products and services, ACM may collect personally identifiable information, such as your:

  • First and Last Name
  • Mailing Address
  • Email Address
  • Job Title

If you purchase ACM's products and services, we collect billing and credit card information to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include:

  • Registering for an account
  • Entering sweepstakes or contests sponsored by one of our partners or us
  • Signing up for special offers from selected third parties
  • Sending us an email message
  • Submitting your credit card or other payment information when ordering and purchasing products and services

To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

ACM collects and uses your personal information to operate and deliver the requested services. We may also use your personally identifiable information to inform you of other products or services available from ACM and its affiliates.

ACM does not sell, rent, or lease its customer lists to third parties. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange deliveries. All such third parties are prohibited from using your personal information except to provide these services to ACM, and they are required to maintain the confidentiality of your information.

ACM may disclose your personal information without notice if required to do so by law or in the good faith belief that such action is necessary to:

  • Conform to the edicts of the law or comply with the legal process served on ACM or the Site
  • Protect and defend the rights or property of ACM; and/or
  • Act under exigent circumstances to protect the personal safety of users of ACM or the public.

ACM may keep track of the websites and pages our users visit within ACM, in order to determine what ACM services are the most popular. This data is used to deliver customized content and advertising within ACM to customers whose behavior indicates that they are interested in a particular subject area.

Information about your computer hardware and software may be automatically collected by ACM. This information can include:

  • IP address
  • Browser type
  • Domain names
  • Access times
  • Referring website addresses

This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the ACM website.

The ACM website may use "cookies" to help you personalize your online experience. A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ACM pages, or register with ACM site or services, a cookie helps ACM to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ACM website, the information you previously provided can be retrieved, so you can easily use the ACM features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ACM services or websites you visit.

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information.

ACM secures your personal information from unauthorized access, use, or disclosure. ACM uses SSL Protocol for this purpose. When personal information (such as a credit card number) is transmitted to other websites, it is protected through encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that:

  • There are security and privacy limitations inherent to the Internet which are beyond our control
  • Security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records
  • Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity
  • Debug to identify and repair errors that impair existing intended functionality
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law
  • Comply with the California Electronic Communications Privacy Act
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us
  • Comply with an existing legal obligation; or
  • Otherwise your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

ACM does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

From time to time, ACM may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from ACM or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from ACM, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

We may store your data on servers provided by third-party hosting vendors with whom we have contracted.

ACM reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your:

  • Acknowledgment of the modified Privacy Policy
  • Agreement to abide and be bound by that Policy.

ACM welcomes your questions or comments regarding this Statement of Privacy. If you believe that ACM has not adhered to this Statement, please contact ACM at:

A Cultivated Mindset 2459 Wilkinson Blvd. STE 310 Charlotte, North Carolina 28208 Email: support@acultivatedmindset.com

Effective as of May 24, 2022

This Service Level Agreement (SLA) is for A Cultivated Mindset (ACM). It outlines the agreed service levels, performance targets, and responsibilities associated with A Cultivated Mindset (ACM).

  1. Purpose

    The purpose of this SLA is to define the expectations regarding the level of service ACM will provide. This includes system uptime, response times for support, problem resolution, maintenance procedures, and more.

  2. Service Availability and Uptime Guarantee

    ACM guarantees that they will meet the following availability and uptime standards:

    System Uptime Guarantee:
    • 99.9% Uptime: ACM guarantees that the RMS will be available 99.9% of the time each calendar month, excluding scheduled maintenance. This corresponds to a maximum of 43.2 minutes of downtime per month.
    Scheduled Maintenance:
    • Maintenance will be scheduled outside of peak usage hours (e.g., weekends, after business hours) and communicated to the Client at least 48 hours in advance.
    • Planned maintenance will not be counted as downtime.
    Unscheduled Downtime:
    • In the event of unplanned downtime exceeding 0.1% of the monthly uptime, ACM will provide service credits to the Client as described below
    Metric Target Maximum Downtime
    Monthly Uptime Guarantee 99.9% 43.2 minutes per month
    Scheduled Maintenance Notify Client 48 hours in advance No impact on uptime
    Unscheduled Downtime 99.9% uptime Exceeds 43.2 minutes per month
  3. Incident Management and Response Times

    ACM provides a structured process for managing incidents, ensuring that any issues affecting the functionality of the RMS are promptly addressed. The following response and resolution times are based on the severity level of the incident:

    Severity Level Description Response Time Resolution Time
    Low (Severity 1) System outage or issue affecting all users (e.g., downtime, major functionality failure) 1 hours or less 4 hours or less
    Low (Severity 2) Significant functionality impacted, affecting a subset of users (e.g., registration not functioning for certain users) 2 hours or less 1 business day or less
    Low (Severity 3) Minor issues or bugs that do not affect critical functionality (e.g., UI issues, minor system glitches) 4 hours or less 2 business days or less
    Low (Severity 4) Low priority requests or cosmetic issues (e.g., minor enhancements, general inquiries) 8 hours or less 3 business days or less
    • Response Time: The initial acknowledgment of the issue and assignment to the appropriate support team.
    • Resolution Time: The time taken to resolve the issue or provide a suitable workaround.
    Escalation Process:

    If an issue is not resolved within the agreed resolution time, it will be escalated to higher management for urgent attention. The escalation levels are:

    1. Level 1: First-level Support (General inquiries and low-severity issues)
    2. Level 2: Technical Specialists (For high-severity issues and system-related problems)
    3. Level 3: Senior Management (Critical and unresolved issues requiring immediate attention)
  4. Support Services and Escalation Procedures

    At present, ACM is in the process of finalizing support channels. Once the bid is awarded, we will establish comprehensive support channels to ensure the Client can receive prompt assistance for any issues. The following support services will be provided once the contract is executed:

    • Business Hours Support: Available Monday to Friday, 8:00 AM to 6:00 PM (local time).
    • 24/7 Emergency Support: For critical issues outside of business hours, ACM will provide 24/7 emergency support for severity 1 incidents.
    • Support Channels: The specific channels for support (email, phone, help desk portal, etc.) will be finalized and communicated to the Client upon contract award.
    • Escalation Procedure: If an issue is not resolved within the agreed resolution time, it will be escalated to senior management for priority attention.
    Escalation Levels:
    1. First-level Support: Support team (General inquiries and low-severity issues)
    2. Second-level Support: Technical specialists (High-severity issues and system-related problems)
    3. Third-level Support: Senior management (Critical and unresolved issues requiring urgent attention)
  5. Maintenance and Updates

    ACM will ensure regular system maintenance and timely updates to ensure the RMS runs optimally:

    Routine Maintenance:
    • Frequency: Monthly, during off-peak hours to minimize user disruption.
    • Notifications: Clients will receive at least 48 hours’ notice before any maintenance activity that may affect system availability.
    Emergency Maintenance:
    • If an emergency occurs (e.g., security vulnerability), ACM will conduct immediate maintenance with as much prior notice as possible
    System Updates:
    • Updates will be applied regularly, including security patches, performance enhancements, and new features.
    • ACM will notify the Client at least 48 hours in advance of any major updates or changes to the system.
  6. Service Credits

    In the event that ACM fails to meet the agreed-upon service levels, the Client will be entitled to service credits. These credits will be applied to the Client’s next billing cycle.

    Failure Type Service Credit
    System Uptime below 99.9% 5% of monthly subscription fee
    Critical Issue Resolution Time exceeds 4 hours 10% of monthly subscription fee
    Failure to meet resolution time for High Priority issues 5% of monthly subscription fee

    Service credits will be issued on a pro-rata basis if downtime or issues exceed the SLA thresholds and will be applied to the subsequent invoice.

  7. Performance Monitoring and Reporting

    ACM will provide performance monitoring to track uptime, response times, and issue resolution. Monthly performance reports will include:

    • System Uptime: Monthly uptime statistics (including downtime incidents).
    • Response Times: Average response and resolution times for all issues.
    • Incident Reports: Detailed reports of major incidents, including root cause analysis.

    Service Review Meetings: ACM will schedule quarterly service review meetings to discuss:

    • System performance
    • Areas for improvement
    • Future updates or enhancements
  8. Termination and Review
    • Termination: Either party may terminate this agreement with 30 days’ written notice if the terms of the SLA are not met for two consecutive months.
    • Annual Review: This SLA will be reviewed annually to ensure continued alignment with the Client's needs and to make adjustments for any evolving requirements.

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