Privacy Policy

Updated October 2019 

Thank you for visiting the Brain Rewiring, Inc. mobile device application (the “App”). The App is an Internet property of Brain Rewiring, Inc. (“Brain Rewiring,” “we” or “us”). This Privacy Policy (“Privacy Policy”) sets out how we use, share and protect Personal Information (as hereinafter defined) and other information that we collect when you:

  1. access or use the App;

  2. register to become a Member; and/or

  3. use the Brain Rewiring Offerings including, without limitation, the Services and/or Promotions.

Capitalized terms not defined herein shall have the meaning set forth in the Brain Rewiring Terms and Conditions (“Terms and Conditions”).

YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE APP AND/OR BRAIN REWIRING OFFERINGS.

We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Brain Rewiring, Inc., 410 E Santa Clara Street ,Unit #809 San Jose, CA 95113

1. Information We Collect

We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data.

2. Personal Information Collected

For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual. We collect Personal Information from end-users primarily in two (2) ways:

  1. when you register to become a Member; and

  2. when you access the App and provide information in connection with your use of the Brain Rewiring Offerings or Brain Rewiring program.

In addition, when you access and/or use the App and/or Brain Rewiring Offerings, we may collect certain usage data, such as:

  1. the number of times that you visit the App;

  2. the specific Brain Rewiring Offerings accessed, as well as the frequency and duration of use associated with them; and

  3. other analyses and data associated with your access to, and use of, the App and/or Brain Rewiring Offerings (collectively, “Usage Data”).

We also may collect information and responses you provide when participating in activities on the App, which may include activity postings, question responses, assessment responses and any other data you generate in using the App and/or Brain Rewiring Offerings (“User Responses”).

3. App Registration

The Personal Information that you must supply on the App in order to obtain access to the Brain Rewiring Offerings may include, without limitation:

  1. your full name;

  2. your e-mail address;

  3. your telephone number;

  4. your date of birth;

  5. your home address;

  6. your username and password;

  7. any and all other information requested on the applicable registration form (collectively, “App Registration Data”).

4. Use of Personal Information

We may use your Usage Data, and share it with third parties to among other things:

  1. allow us to personalize the App and Brain Rewiring Offerings for you, by among other things, tailoring questions and responses; 

  2. assist us and such third parties in studying, evaluating and improving the App and Brain Rewiring Offerings;

  3. determine your preferences and tailor the App and Brain Rewiring Offerings to your needs; 

  4. facilitate the administration of the App and Brain Rewiring Offerings;

  5. to improve our App and Brain Rewiring Offerings; and

  6. so that we can promote the App and Brain Rewiring Offerings to third parties (using Usage Data on an aggregate and anonymous basis in that instance).

Other than in connection with the limited use of Usage Data and Personal Information as specified above, Brain Rewiring will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register as a Member, we use the Personal Information that you make available to personalize your experience with the App, facilitate the delivery of the applicable Brain Rewiring Offerings to you and for verification purposes. You also agree that we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of the App and Brain Rewiring Offerings, and to keep you informed of our other products and services. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference. If you elect to participate in the Brain Rewiring Offerings, the health team will be permitted to access your user data, including your answers to questions on the App, any assessment data you provide, analyses of your responses and comments (public and private). By participating in the Brain Rewiring Offerings, you are consenting to the disclosure of this information to any health team. The health team may consist of Brain Rewiring employees, contractors or third parties contracted to assist in the Brain Rewiring Offerings.  The health team is under a duty to maintain the confidentiality of your usage data and any other Personal Information you share with them, and the health team may not disclose this information to anyone else (other than Brain Rewiring and other members of the health team) unless under a legal requirement to do so.

We may permit our third-party agents, service providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of the App and Brain Rewiring Offerings) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate, update and improve the App and Brain Rewiring Offerings. Third parties are not authorized to use your Personal Information for their own benefit. In addition, we may use, or permit third-party research partners to use, User Responses for research or data analysis purposes.

We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the App and Brain Rewiring Offerings, and to determine your preferences so that we can tailor the App and Brain Rewiring Offerings to your needs.

Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the App, to our current or prospective advertisers and other business and research partners.

We reserve the right to release current or past Personal Information:

  1. in the event that we believe that the App and/or Brain Rewiring Offerings is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts;

  2. if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or

  3. if Brain Rewiring is sold, merged or acquired; provided, however, that if Brain Rewiring is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the App of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.

6. Interactive Services

If you post a comment, post or otherwise provide Personal Information by and through any interactive feature on the App (collectively, “Interactive Services”, you should be aware that any Personal Information that you submit using such forums can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the Personal Information that you choose to submit via Interactive Services. If you mistakenly post Personal Information via the Interactive Services and would like it removed, you can send us an email to support@brain-rewiring.com to request that we remove it. In some cases, we may not be able to remove such Personal Information.

Further, by submitting comments, posts and/or other material via the Interactive Services and/or the App, you:

  1. represent and warrant that Brain Rewiring’s use of your submission does not and will not breach any agreement, violate any law, violate any Social Media Website’s terms of service or infringe upon any third party’s rights;

  2. agree that Brain Rewiring is free to use in any manner all or part of the comments, posts and/or other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

  3. grant Brain Rewiring all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, posts and/or other material, in whole or in part, or as a derivative work, without any duty by Brain Rewiring to anyone whatsoever.

7. Non-Personal Information Collection and Use

We may collect certain non-personally identifiable information about you when you visit the App, even if you are not a Member. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the App and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze App usage, as well as to offer you products and services.

8. How we may use cookies and other tracking technologies

When providing our Services, we may use the following types of cookies and tracking technologies for the purposes set out below.

Cookies and local storage may be set and accessed on your computer. Upon your first visit to the App, a cookie or local storage may be sent to your computer that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer's browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each website can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however, if you reject cookies, you will not be able to sign in to the App or take full advantage of the Brain Rewiring Offerings. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent.

To support our Services, we may use one or more of the following cookies for the purposes set forth below:

Type of Cookie

Purpose

Analytics and Performance Cookies

These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here: Find out more information about Google Analytics cookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: Google Analytics Opt-out Browser Add-on

Essential Cookies

These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies

These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.

You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org/ .

We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.

We may use pixel tags, either provided by us or our service providers, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

9. Location Information

When you use the App, Brain Rewiring Offerings, the Services, or Promotions, we may collect location information either provided by a mobile device interacting with our App, or associated with your IP address, where we are permitted by law to process this information.

 

10. Aggregate Data

Brain Rewiring reserves the right to transfer aggregate or group data about Brain Rewiring users (including Usage Data where same is not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Brain Rewiring users as a group, without disclosing personally identifiable information.

11. Mobile Devices

One or more of our Apps may require that you be registered and signed in in order to use them. The information that we collect through your use of our Apps and tools will be treated as Personal Information under this Privacy Policy. When you download and install one of our Apps onto your mobile device, we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of Cookies as described in this Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser, because the App does not work through your browser. Therefore, the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, please do not use our Apps. Because some of the content on our mobile device Apps directs your mobile device to our website you will be exposed to the Cookies that we use and to third party Cookies that we do not control and will be unable to delete any of these Cookies with your mobile device. Therefore, if you do not want to be exposed to Cookies when you use your mobile device you should not use our Apps. If you have questions about how to reject Cookies on your specific device, please check with the device manufacturer.

12. Third-Party Websites

The App may contain links to third-party owned and/or operated websites. Brain Rewiring is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Brain Rewiring has no responsibility or liability relating to them.

13. Security

We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit sensitive Personal Information (if any), and when we transmit such sensitive information, that information is encrypted and is protected with SSL encryption software.

Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.

All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third-party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

14. Information from users outside the U.S.A. and consent to transfer information

The Services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the U.S.A.  Our staff, operating inside the U.S.A. processes such information. The information may then be transferred within the U.S.A. or back out of the U.S.A. to other countries outside of your country of residence, depending on the type of information and how we store it.  These countries (including the U.S.A. may not have data protection laws as comprehensive as the protective as those in your country of residence; however, our collection, storage and use of your Personal Information will continue to be governed by this Privacy Policy. By using the Services or providing us with any information, you expressly consent and agree to this transfer, processing, and storage of your information in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

15. Managing Your Settings

Even after consenting to the Privacy Policy and Terms and Conditions, you may opt out of receiving e-mail promotions from us by following the instructions at the end of the applicable e-mail message or by sending us an e-mail at support@brain-rewiring.com and asking us not to send you e-mail advertising.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Brain Rewiring Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Brain Rewiring Offerings-related and inquiry response-related messages from Brain Rewiring, you must cease requesting and/or utilizing the Brain Rewiring Offerings and cease submitting inquiries to Brain Rewiring, as applicable.

16. Identifying, Deleting and Updating Your Information

At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at support@brain-rewiring.com; provided, however, that we ask individual Members to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

17. Children

Our App is not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information to, or on, the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the App or through the Brain Rewiring Offerings, make any purchases through the App, use any of the Interactive Services, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use.

If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@brain-rewiring.com.

18.    Do Not Track

Do Not Track is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.

Brain Rewiring is committed to children's privacy. Brain Rewiring does not knowingly permit 

19. Payment

If you elect to purchase a paid Service, we may require you to link your Apple Pay account with our App or provide payment through another third-party payment processor. This does not give us access to your credit card or banking information but is needed so that we can process your purchases.

20. Changes to this Privacy Policy

We reserve the right to change or update this Privacy Policy at any time by posting a notice on the App that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Brain Rewiring will notify Members by:

  1. sending the modified policy to our Members via email; and/or

  2. by any other reasonable means acceptable under applicable state and federal law.

If you do not agree to the changes, you should discontinue your use of the App. Your continued use of the App after you have been notified of the changes will signify your consent to such changes.

21. Contact Us

If you have any questions or comments about this Privacy Policy, please e-mail us at support@brain-rewiring.com, or send a letter to:  Brain Rewiring Inc.,410 E Santa Clara Street ,Unit #809 San Jose, CA 95113

22. Your Consent

By using our App, you consent to our privacy policy.