Last Updated: FEB 15, 2023
1. Collection of Information
(a) Information You Provide To Us
We collect information you provide directly to us. This may include:
(i) contact information, such as email address;
(ii) feedback and correspondence, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with the Services, receive customer support or otherwise correspond with us;
(iii) usage information, such as information about how you use the Services and interact with us; and
(iv) marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.
(b) Automatically Collected Information
When you access or use the Software or the Services, we automatically collect information about you, which may include:
(i) Log Information: We may collect log information about your use of the Software and the Services, including the type of browser you use, access times and your IP address.
(ii) Device Information: We may collect information about the computer or mobile device you use to access the Software and our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
(c) Information We Collect from Other Sources
We may obtain information from other sources, including third parties, and combine that with information we collect through the Software and the Services.
2. Use of Information
We use the information we collect to enable you to access and use and otherwise provide, maintain, and improve the Software and our Services. We may also use the information we collect to:
(i) send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
(ii) communicate with you about products, services, offers, and events offered by us and others, and provide news and information we think will be of interest to you, which may be provided by any means, including by e-mail, in-app notifications, push notifications and display advertising;
(iii) personalize your experience when you use the Software or the Services;
(iv) administer contests, promotions, surveys and other Service features;
(v) monitor and analyze trends, usage and activities in connection with the Software and the Services;
(vi) comply with applicable laws, lawful requests and legal processes, including responding to court orders or requests from regulatory authorities;
(vii) generate aggregate or de-identified data and use such data for any lawful purpose, including research and analytics; and
(viii) detect, investigate and prevent fraudulent transactions and other illegal activities, enforce our agreements with users (including our Terms of Service) and protect our rights and property and of others.
3. Sharing of Information
(i) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including hosting, email and database services;
(ii) in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
(iii) if we believe your actions are inconsistent with our user agreements or policies (including our Terms of Service), or to protect our rights, property and our safety or that of others;
(iv) in connection with, or during negotiations of, any proposed or actual merger, sale of company assets, financing, securitization, insuring, acquisition of all or a portion of our business by another company, or bankruptcy transaction or proceeding;
(v) between and among us and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
(vi) With your consent or at your direction.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
5. Data Retention
We store the information we collect about you for as long as is necessary for the purposes for which we originally collected it, or for other legitimate business purposes, including to meet our legal or other regulatory obligations, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, and other actions permitted by law. There is no single retention period applicable to the various types of personal information collected. Please contact us if you would like to delete any personal information we hold about you. We also reserve the right to continue to hold personal information about you to the extent it is required to be held by us by law, rule or regulation.
6. Disclaimer About Sharing Personal Information Online
You acknowledge that when sharing personal information online, there is always a risk of data breaches, including data breaches in which third parties unlawfully access our systems or the systems of our third-party providers, which store personal information.
7. Limitation on Liability
While we take measures to protect personal information, you agree that in no event will we, our suppliers, partners, licensors, dealers, representatives, associates or affiliates and each of their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Braincode Centers”) be liable to you or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any claims, damages, obligations, losses, liabilities, costs, debts or expenses (including but not limited to lawyer’s fees and disbursements), whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business, howsoever caused, including by way of negligence, arising from, related to or connect with the loss or theft of your personal information.
You agree that if, notwithstanding the other provisions of this Agreement, a Braincode Centers is found to be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs, such Braincode Centers liability shall in no event exceed the amount paid by you for the Software or the Services in the one (1) month immediately preceding the event giving rise to your claim.
8. Transfer of Information to Other Countries
We are based in United States. However, we may transfer personal information to outside agents or service providers (including our affiliates acting in this capacity) that perform services on our behalf, such as customer service and support, marketing and analytics, data hosting or processing services or similar services. Some of these service providers may be located outside the United States, and as a result your personal information may be processed in the United States or Canada or elsewhere, where local laws may permit foreign government and national security authorities to access personal information in certain circumstances.
9. Residents of California
10. Your Choices
(a) Account Information
You may update, correct or delete information about you at any time by contacting us as indicated in the “Contact Us” section below. Please note that we may retain cached or archived copies of information about you for a certain period of time. You can request to change contact choices, opt-out of our sharing with others, and update your personal information and preferences.
(b) Promotional Communications
You may opt out of receiving promotional communications from us by following the instructions in those communications or by contacting us as indicated in the “Contact Us” section below. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
12. Our Policies for Children
Our products, the Software and the Services are only directed to persons of the age of 18 or over, or under the supervision of an adult of those below age of 18. We do not knowingly collect any personal information from individuals under 18. If we become aware that we have unknowingly collected personal information from an individual under the age of 18, we will make commercially reasonable efforts to delete such personal information from our records. If you are concerned and are aware of a user under the age of 18 using our the Software, the Services or our products, please contact us by contacting us as indicated in the “Contact Us” section below.
13. Contact Us