PRIVACY AGREEMENT

Last Updated: November, 2023

Breinify Inc. (“Breinify,” “we,” “our,” or “us”) is committed to protecting the privacy of your Personal Information. This Privacy Notice (the “Notice”) describes how we collect, use, and share information, including Personal Information from users of our website or visitors of our events (collectively, “Site”). “Personal Information” means any information relating to an identified or identifiable individual. If you are using our platform or services as a customer, then we collect, use, and share your Personal Information pursuant to a master services agreement between us (or between Breinify and your employer).

INFORMATION WE COLLECT:

We may collect a variety of information, including Personal Information, from or about you, as described below. Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so.

Personal Information You Provide to Us

  • Contact Information. When you express your interest with us, register for an account, or send us customer service-related requests, we may collect your name, company name, email address, mailing address, telephone number, geographic area, or preferences and we may link this information with other information about you.

  • Billing Information. When purchasing the Services, we ask for financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services.

  • Events. If you sign up for an event organized by us or one of our partners, you may provide us with the information necessary to your participation in the event.

  • Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).

Information We Collect Through Technical Means or From External Source

  • Cookies and Automatically Collected Information. When you use the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential. We may use third party cookies on our Site as well. Breinify may not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Site.
    We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Site, the pages or other content you view or otherwise interact with on the Site, and the dates and times that you visit, access, or use the Site. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.

  • Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Site, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Site. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Breinify. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

  • Information from Other Sources. We may obtain information from third parties and sources other than the Site, such as our partners and advertisers.

HOW WE USE THE INFORMATION WE COLLECT:

We use information we collect on the Site in a variety of ways in providing the Site and operating our business, including the following:

  • We use the information that we collect on the Site to operate, maintain, enhance and provide all features of the Site, to provide services and information that you request, and to respond to comments and questions and otherwise to provide support to users.
  • We use the information that we collect on the Site to understand and analyze the usage trends and preferences of our users, to improve the Site, and to develop new products, services, features, and functionality.
  • We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications relating to products and services offered by us and by third parties.
  • We may use cookies and automatically collected information to: (i) personalize our Site, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Site; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Site and third-party marketing activities; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.

WHEN WE DISCLOSE INFORMATION:

Except as described in this Notice, we will not disclose information about you that we collect on the Site to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • Any information that you voluntarily choose to include in a publicly accessible area of the Site will be available to anyone who has access to that content, including other users.
  • We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • We may disclose information about you if required to do so by applicable law or in the good-faith belief that such action is necessary to comply with applicable law, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
  • We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Site and any facilities or equipment used to make the Site available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
  • Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
  • We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Site.

YOUR CHOICES:

You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some or all of the features and functionality of the Site. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Site. If you wish to access or amend any other personal information we hold about you, you may contact us at support@breinify.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at support@breinify.com or by writing to us at the address given at the end of this Notice. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Site.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Site.

THIRD PARTY SITES:

The Site may contain features that integrate with, or link to, websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Site. We encourage you to review third parties’ privacy and security policies before providing them with information.

CHILDREN'S PRIVACY:

Protecting the privacy of young children is especially important. Our Site is a general audience site not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 in connection with their visits to Site.

DATA SECURITY:

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

INTERNATIONAL VISITORS:

The Site is hosted in the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to the Site, you consent to such transfer, storage, and processing.

WHERE WE SEND YOUR INFORMATION:

We are a U.S. company, but we work with and process data about individuals across the world. To operate our business, we may send your personal information outside of where you live. For example, we may process your personal information in the United States, where we are located. This data may be subject to the laws of the countries where we send it. We take steps to protect your information when we send your information across borders.

Transfers outside of Europe and Switzerland
We only share data with data processors outside of the EEA, UK, or Switzerland if such a transfer is lawful and if we are confident that the data processor will protect your data as required under applicable laws and, further, in accordance with our standards. When transferring data to a country that does not have an adequacy decision, we utilize the EU Standard Contractual Clauses (and relevant standard contractual clauses in the UK and Switzerland).

YOUR RIGHTS UNDER THE LAW

Depending on where you live, how you use Breinify, and subject to certain exceptions, you may have some or all of the following rights:

  • Right to Know: The right to request that we disclose to you the personal information we collect, use, or disclose about you, and information about our data practices.

  • Right to Request Correction: The right to request that we correct inaccurate personal information that we maintain about you.

  • Right to Request Deletion: The right to request that we delete personal information that we have collected about you.

To exercise your rights, including the “right to know” and “right to delete,” please submit a request to legal@breinify.com

Under US Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. If you use an authorized agent to submit a request, we may need to collect additional information, such as a government issued ID, to verify your identity before processing your request to protect your information.

YOUR CALIFORNIA PRIVACY RIGHTS:

We do not “sell” your personal information as that term is defined under California Consumer Privacy Act (“CCPA”). As of the last update date of this notice, we have not received any CCPA requests.  

We will not discriminate against you for exercising any of these rights.

Residents of California have the right to request a disclosure describing what types of personal information, if any, we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at legal@breinify.com.

CHANGES AND UPDATES TO THIS NOTICE:

Please revisit this page periodically to stay aware of any changes to this Notice, which we may update from time to time. If we modify this Notice, we will make it available through the Site, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to provide notice of the change. Your continued use of the Site after the revised Notice has become effective indicates that you have read, understood and agreed to the current version of this Notice.

HOW TO CONTACT US:

Please contact us with any questions or comments about this Privacy Notice, information we have collected or otherwise obtained about you, our use and disclosure practices, your data privacy rights, or your consent choices by email at legal@breinify.com or (415) 236-3826.