BrainLeap Technologies, Inc. Privacy Notice
Effective date: July 16, 2020
Last updated: August 26, 2020
BrainLeap Technologies, Inc. (“BrainLeap”) values your privacy. Please take a moment to read the entire Privacy Notice (“Privacy Notice” or “Notice”) before providing any information to us and contact us if you have any questions. By visiting our website, submitting your information to our website, and/or by using our apps or services (collectively, “Sites”), you agree to the terms of this Privacy Notice. If you disagree with the practices described in this Notice, please do not disclose any information to us and do not use any of our Sites.
This policy applies to information we collect on the Sites, in email, text, and other messages between you and the Sites, and when you interact with our advertising and applications on third-party websites and services (if those applications or advertising include links to this policy).
If you choose to visit and use our Sites, your visit and any dispute over privacy is subject to this Notice, including limitations on damages, resolution of disputes, and application of the law of the state of California.
We may make periodic changes to this Notice. If such a change is made, we will post the revised terms on our website, and where appropriate, by other means. The revised terms will be effective on the “Last Updated” date stated at the top of this Notice. Please see more on this topic under the “Changes and updates to the Privacy Notice” section below.
Information we collect
We may collect your information in a variety of ways through your use of the Site. This includes your visit to and browsing through the Sites and their pages, your filling out and submitting a form or email address, or access and use our Sites. The type of information we collect varies and may include:
- Personal information you voluntarily provide to us.
We collect information that information that identifies an individual (“personal information”). This would include first name, last name, personal address, phone number, email address, your location information, certain usage data (defined below), such as IP address (if defined as personal information by applicable laws and regulations – see more explanation in the usage data below).
- Non-personal information we collect when you access or use our Sites.
Non-personal information is information that does not necessarily identify you as an individual (“non-personal information”). This may include a variety of information, including, but not limited to, usage information (defined below) and information related to your interaction with our Sites.
“Usage information” or “usage data”—information about an individual’s online activity that, by itself, does not identify the individual, such as: your activity in using our Sites (for example, terms you search for, videos you watch, your views and interactions with content, purchase activity, people with whom you communicate or share content, and activity on third-party sites and apps that use our services), technical information, including your browser type, service provider, IP address (IP address, by itself, may or may not identify you as an individual under the applicable laws and therefore this type of information may also be listed here or under Subsection 1 “Personal information you voluntarily provide to us” above), operating system and web pages visited, and metadata, which means information related to items you made available through the Sites, such as the date, time or location that a shared photograph or video was taken or posted. We and our third-party partners may use various technologies to collect and store usage data in connection with our Sites. These may include things like cookies, other similar technologies or data collection tools (such as pixels, web beacons and server logs), which we collectively refer to as “data collection tools.”
Generally, we do not consider usage data as personal information because usage data by itself does not usually identify an individual. Personal information and usage data, as well as different types of usage information, may be linked together and, once linked, may identify an individual person. Some usage data may be personal information under applicable law and will be treated as such. If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
How we collect your information
We collect information about you in the following ways:
- When you voluntarily provide your information to us in order to use our Sites. For example, we collect personal information from you when you call/email or contact us for help or otherwise voluntarily provide your personal information.
- When you connect with social media through our Sites. When you access the Sites through your Facebook or other social media account, the Sites may, depending on your privacy settings, have access to information that you have provided to the social media platform. We may use this information for the purposes described in this Privacy Notice or at the time the information was collected. When you associate your social media account with your account and authorize us to have access to this information, you agree that we may collect, use and store the information provided by social media services as described in this Privacy Notice.
- When you complete a client satisfaction, a review, or market research survey.
- When you communicate with us with emails or other means.
- When we receive your information from cookies and other data collection tools. Cookies help us improve the Sites to help us understand how you use the Sites and enable us to personalize your experience. We may also use and allow certain third parties to use other cookies, similar tracking technologies, and other data collection tools to collect your information. By using the Sites you consent to the use, storing and accessing of your information by our use of our or third parties’ data collection tools in accordance with the terms of our Cookie Notice.
- We use analytics services (such as Google Analytics) to collect and analyze usage information through cookies and similar tools to engage in auditing, research, or reporting, assist with fraud prevention, and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page here.
Why we collect your information
We may collect, process, use or disclose your personal information for the following purposes:
- To provide to you any services offered or will be offered on the Sites and to contact you with information that we believe will be of interest to you or send you service-related announcements.
- To process your requests, purchases, transactions, and payments and to prevent transactional fraud and investigate any potential violations.
- To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses or services.
- To design and improve our Sites and our content and to enhance your overall Sites experience.
- To verify your identity and carry out requests made by you on the Sites or in relation to our services.
- To protect the rights, property or safety of us or third parties, including our other clients and users of the Sites.
- To maintain our records, to provide notification to users about updates, Sites, and changes to or enforce our terms, conditions, and policies.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Sites is among the assets transferred.
- To create your account and provide the services to you. We use the information we collect to create and secure your account, create and maintain your member profile, and to provide the services to you.
- To conduct market research, implement marketing strategies, identify potential business opportunities, and administer any promotional programs by sending you email marketing communications about our products and services, newsletters, and promotions.
- To perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the Sites.
- To enforce the legal terms that govern your use of the Sites.
- To administer and troubleshoot the Sites.
- To associate your activities, customize content or deliver interest-based advertising across different devices and browsers that you use to access the Sites (for instance, computers, tablets, mobile devices, applications and websites).
- To send you offers and advertisements through various channels (which may include, for instance, display, email, and direct mail), whether on our behalf or on behalf of marketing partners with whom we may engage.
- For testing, research, analysis, and product development, including to develop and improve our Sites, products, and services.
- To comply with any applicable law, regulation, subpoena or legal process, or respond to any governmental requests and cooperate with law enforcement, if we believe such action is required or permitted by law.
- As otherwise permitted or required by applicable law.
- Where you have given consent.
How we share your information
We share and publish personal information we collect with certain third parties, as we deem necessary, with your consent, or as we see appropriate in connection with delivering, operating, maintaining and/or providing the Sites to you. We may also share your personal data with third parties when you intentionally direct us to do so or when you use our Sites.
- Third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation, data hosting, web hosting, billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, payment processing, and legal services. When you sign up to participate in a contest or sweepstakes, your information may also be provided to our sweepstakes or contest advertisers, operators, or sponsors and the use of that information will be also governed by those advertisers’, operators’, or sponsors’ privacy policies or practices.
- Third parties we use to build our Sites and maintain our Sites, to assist us with client insight analytics, and to provide data hosting, software, cloud services to store your information, or other technology services. Additionally, if we use or partner with third parties to provide specific services or information to you, those third parties may be allowed to use your personal information to provide such services.
- Third parties we may use to provide you with promotional e-mails, calls or mail from us about our products and services. We offer you the opportunity to opt out of such promotional email, calls or mail. Please contact us using the contact information provided at the end of this Notice. Alternatively, for email, individuals may opt out at any time by using the unsubscribe mechanism within the email, which allows individuals to manage their subscription preferences regarding our newsletters, e-mail alerts and special offers. This mechanism does not allow a user to opt out of receiving transactional e-mail, such as registration confirmation, product updates and responses to direct requests.
- Third parties we may use to post information about programs and events that are sponsored by or co-sponsored by other firms or organizations. Should you choose to register electronically for any of these events or submit your information to these third parties, we will have no control over the third-party sponsors’ use of this information, and this Privacy Notice will not apply.
- Third parties we may use or allow to access your information for their own and our own advertising and marketing purposes, which may include, but not be limited to, third-party advertisers and advertising and list brokering networks.
- Third parties in connection with business reorganization. We also may transfer or provide access to your personal data to a third party in connection with an actual or impending reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets, including, without limitation, in connection with any bankruptcy or similar proceeding. Any entity to which we transfer personal data will not be permitted to process your personal data other than as described in this Privacy Notice without providing you notice and, if required by applicable laws, obtaining your consent.
- Other third parties if we determine that disclosure is reasonably necessary to enforce our terms and conditions, to fulfill legal duties and avoid conflicts of interest, to protect our operations or clients, as well as our rights, property, or interests, or to prevent misuse or unauthorized use of the Sites.
- Our professional advisers, such as lawyers and accountants.
- Law enforcement and public and governmental authorities as it may be necessary by law, legal process, litigation, and/or requests whether they come within or outside your country of residence. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. This also applies to Non-personal information.
- Other third parties when you have agreed that we may do so.
We do not purport to have listed all possible disclosures and sharing that we might make. This Privacy Notice is intended to help you understand our general practices. This Privacy Notice is not a promise that your information will never be disclosed except as described above. For example, third parties may unlawfully intercept or access information transmitted to or contained on the Sites, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information, despite a lack of permission. Although we use what we believe to be commercially reasonable practices to protect your privacy, that does not mean, and you should not expect it to mean, that your information or communications will always be private or protected.
We may collect, use, transfer, and disclose non-personal information for any purpose, in any manner, and to any third party as we deem appropriate or necessary. We may also sell non-personal information from time to time at our sole discretion.
We do not share your personal information with third parties for their direct marketing purposes.
Our Sites are not directed at children or users under the age of 13. If we learn that we have collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
Do not track
We do not respond to or take any action with respect to a DNT configuration set in your internet browser, and therefore, do not disable tracking.
Information retention and storage
The personal information we collect is stored in one or more databases hosted by one or more third parties. We require companies performing services on our behalf to protect your personal information in a manner appropriate to the type and sensitivity of the information, and to use it only in connection with those services.
We retain personal information regarding you or your use of the Sites for as long as needed to provide you access or services through the Sites. We also retain personal information for as long as necessary to achieve the purposes described in this Privacy Notice, for example, to comply with our legal obligations, to protect us in the event of disputes and to enforce our agreements and to protect our and others’ interests. The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. This data retention may be needed to fulfill the purposes outlined in this Privacy Notice. If you wish that we no longer retain your personal information, contact us at firstname.lastname@example.org.
We may retain and use Non-personal information for as long as needed and as we deem appropriate and necessary for any purposes, including but not limited to, to develop, improve, and provide services, comply with our legal obligations, resolve disputes, perform fraud prevention efforts, and enforce our agreements.
To help protect the privacy of personal information you transmit through use of our Sites, we maintain physical, technical and administrative safeguards. When you provide your payment information to us, this information is stored on our third-party provider’s secure servers. Our third-party provider uses encryption technology to ensure safeguards are in place. We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully.
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, security system, or method of electronic storage, is 100% secure. Although we do our best to protect your personal information, we do not guarantee the security of any information you transmit to us or provide online. Any transmission of personal information is at your own risk. If you have any questions about security on our Sites or services, you can contact email@example.com.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) access to certain parts of our Sites, you are responsible for keeping this access confidential. We ask you not to share this access with anyone. We urge you to be careful about giving out personal or private information in public areas of the Sites. The information you share in public areas may be viewed by any user of the Sites.
Links to third-party services
Your privacy choices
You may be able to request us to access, correct, amend, update, or delete your personal information, or update your preferences, including opting out of particular communications, by contacting firstname.lastname@example.org. Please remember that limited communications may be necessary in order to complete your transaction or for you to participate in our Sites. We will respond to all reasonable requests in a timely manner and may need to further confirm your identity in order to process certain requests.
We reserve the right to amend the Privacy Notice at any time and for any reason. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email notification. If there are material changes to our Privacy Notice, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective or by other means. You should check our Sites frequently to see the current Privacy Notice that is in effect and any changes that may have been made to it. Your continued use of or access to the Sites after we make changes constitutes your acceptance of these changes and the current version of this Privacy Notice, so please check the Notice periodically for updates.
Questions or comments?
If you have any questions or comments about this notice, the ways in which BrainLeap collects and uses your information described here and in the Privacy Notice, your choices and rights regarding such use please contact us at:
BrainLeap Technologies, Inc.
Attn: Privacy Dept.
4231 Balboa Ave. #209
San Diego, CA 92117