You deserve transparency into our data use

BrainCheck, Inc. (“BrainCheck,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This privacy policy explains our policies and procedures regarding the collection, use, disclosure, and security of certain information that we have access to when you access or use the Cognitive Testing Services (as defined below), with a focus on information that would be considered “personal data” within the meaning of the EU General Data Protection Regulation (“GDPR”) and similar laws in the United States and other countries (together with GDPR, collectively, the “Data Protection Laws”). As used in this privacy policy, “personal data” means information that (either in isolation or in combination with other information held by BrainCheck) enables you to be identified or recognized.

BrainCheck provides a SaaS-based platform for conducting certain cognitive assessments, care planning and other related remote processing services (as modified, the “BrainCheck Platform”) through its website located at mybraincheck.com or mybraincheck.com/xxxx (as customized for a specific Healthcare Provider (as defined below)) (collectively, the “Test Site”) or its website for Healthcare Providers located at my.braincheck.com (the “Provider Test Site”) or its mobile app (the “BrainCheck App”) to measure and track information about cognitive health (as modified, collectively, the “Cognitive Testing Services”). The Cognitive Testing Services include various cognitive tests that provide different degrees of cognitive assessment (collectively, the “Cognitive Tests”) for our customer’s patients and individual consumers (collectively, “Test Takers” or “you”).

Some Test Takers may be under the care and supervision of their doctors and other healthcare providers (collectively, the “Healthcare Providers”) when they access the Cognitive Tests through the Provider Test Site or the BrainCheck App. Other Test Takers may access the Cognitive Tests on their own or as directed by their Healthcare Provider through the Testing Site.

The Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Services, the BrainCheck Platform and the BrainCheck App, together with the services and other features, functions, software and applications and third-party websites in connection with the Cognitive Testing Services (collectively the “BrainCheck Services”) are provided and operated, and are being made available to you and the other Test Takers, and the other users of any of the BrainCheck Services (collectively, “Users”) by BrainCheck.

For the purposes of GDPR, BrainCheck is considered the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at BrainCheck, Inc., 3000 E Cesar Chavez Street, Suite 300, Austin, TX 78702, Att: Privacy Policy.

GDPR applies to you if you are located in the European Economic Area, the United Kingdom or Switzerland (an “EEA Individual”).

Please note that by accessing or using the Test Site, the Provider Test Site, the Cognitive Tests or any of the other Cognitive Testing Services, or any of the other BrainCheck Services, you are accepting the practices described in this privacy policy, subject to any rights or restrictions that might apply under (a) GDPR if you are an EEA Individual, including the rights described in the European Privacy Rights for EEA Individuals provisions below and (b) the other Data Protection Laws if you are a resident in any of the U.S. states or countries in which such Data Protections Laws apply. This privacy policy is incorporated by reference into the Terms of Use that govern your access or use of the Test Site, the Provider Test Site, the Cognitive Tests or any of the other Cognitive Testing Services, or any of the other BrainCheck Services (as modified, the “Terms”). All capitalized terms that are not defined in this privacy policy shall have the meanings prescribed to those terms in the Terms

This notice describes the types of information we may collect from you or that you may provide as a Test Taker or when you access or use the Test Site, the Provider Test Site, the Cognitive Tests or any of the other Cognitive Testing Services, the other BrainCheck Services or any of the other features, functions, services, and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This notice applies to information we collect or may collect about Test Takers and other Users of the BrainCheck Services:

• In accessing and using the Test Site or the Provider Test Site.
• In accessing or using the Cognitive Tests or the other Cognitive Testing Services.
• When you contact us for support in connection with the Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Services.
• In e-mail, text and other electronic messages that you send to us in connection with the Test Site, the Provider Test Site, the Cognitive Tests and the other  Cognitive Testing Services, .
• Through services provided to us or to you by third-party companies, agents or contractors.

This notice does not apply to personal data and other information collected by (a) us when you access or use https://braincheck.com (the “Home Website”) or (b) any third party that you may have access to through the Cognitive Tests or the other Cognitive Testing Services. Our privacy policy located at braincheck.com/privacy-policy explains our policies and procedures regarding the collection, use, disclosure and security of personal data and other information that we collect when you access or use the Home Website.

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to access or use the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Services, or the other BrainCheck Services. By accessing or using the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Services, or any of the other BrainCheck Services, you agree to this privacy policy. This notice may change from time to time. This notice may change from time to time as described in Changes to Our Privacy Policy below.

Minors under the Age of 18

None of the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Service, or the other BrainCheck Services are intended for minors under 18 years of age. No one under age 18 (or the age of majority in your jurisdiction of residence) may provide any personal data on or through the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Service, or the other BrainCheck Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any personal data or other information on or through or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data or other information from a child under 13 without verification of parental consent, we will delete that personal data and information. If you believe that we might have any personal data or other information from or about a child under 13 without the consent from a parent or legal guardian, please contact us at support@braincheck.com.

We collect or may collect several types of personal data and other information if you access and use the Test Site, the Provider Test Site, the Cognitive Tests or any of the other Cognitive Testing Services, the BrainCheck App or any of the other BrainCheck Services, including data by which you may be personally identified:

• The results and other data from the Cognitive Tests and the other Cognitive Testing Services (collectively, the “Test Results”);
•  If you are working with a Healthcare Provider when you access the Cognitive Test through the Provider Test Site or the BrainCheck App, personal data and other information that you provide when accessing and using any Cognitive Test and the other Cognitive Testing Services, including your name, date of birth, telephone number, email address, certain health information; gender, race and ethnicity;
• If you access the Cognitive Test through the Test Site,  personal data and other information that you provide for the Test Results to be calculated, including your name, date of birth, telephone number, email address, gender, race and ethnicity;
• Personal data and other information that you provide when you need support; and
• Geo-location information.

We may also collect personal data and other information from and about you when you:

• Report a problem or concern with the Test Site, the Provider Test Site, the Cognitive Test and the other Cognitive Testing Service, the BrainCheck App or any of the other BrainCheck Services; and/or
• Contact us (records and copies of your correspondence, including email address, or recordings of support calls for staff training and quality assurance purposes).

We collect this data:

• Directly from you when you provide it to us.
• Automatically as you navigate through or use the Test Site, the Provider Test Site, the Cognitive Test and the other Cognitive Testing Service, the BrainCheck App or any of the other BrainCheck Services.
• From third parties, such as our business partners and other third parties that provide us or you with certain services.

Some of the data that we collect automatically may be statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. This data helps us to improve the Test Site, the Provider Test Site, the Cognitive Test and the other Cognitive Testing Service, the BrainCheck App or any of the other BrainCheck Services, and to deliver a better and more personalized service, including enabling us to:

• Better understand usage patterns.
• Recognize you when you return to the Cognitive Testing Services.

Certain situations may also involve your calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for various purposes, including for staff training and/or quality assurance purposes.

Data Minimization

We take every reasonable step to limit the type and volume of your personal data that we process to what is reasonably necessary.

We do not Engage in Automated Decision-making without Human Intervention

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

Consequences of not providing Personal Data and Other Information

If you do not provide certain personal data identified in this notice, we may not be able (a) to provide you access to or use of the Cognitive Tests or the other Cognitive Testing Services, (b) to determine the Test Results or (c) to provide the support that we otherwise could if you do provide this personal data.

How We Use Your Personal Data and Other Information

We will only use personal data and other information that we collect about you or that you provide to us, including any personal data, as described in this privacy policy:

• To provide the Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Service, the BrainCheck App and any of the other BrainCheck Services.
• If you access the Cognitive Test through the Test Site, to calculate the Test Results.
• To communicate with your Healthcare Provider.
• With your consent, to communicate with certain Cognitive Health Service Providers (as defined below).
• To provide technical and other support to you.
• To notify you of changes to the Test Site, the Provider Test Site, the Cognitive Test and the other Cognitive Testing Service, the BrainCheck App or  any of the other BrainCheck Services.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any transactions and contracts entered into between you and us, including for billing and collection.
• To verify your identity and prevent fraud or other unauthorized or illegal activity.
• In any other way we may describe when you provide the personal data and other information.
• For any other purpose with your consent.

As previously noted, some of the personal data and other information that we collect automatically is statistical data. It helps us to improve the Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Services, the BrainCheck App and the other BrainCheck Services, and to deliver a better and more personalized service, including enabling us to:

• Optimize the Test Site’s and/or the Provider Test Site’s responsiveness and loading times.
• Recognize you when you return to the Test Site or the Provider Test Site.

We use certain technology (e.g., cookies, pixels, etc.) for automatic data collection in connection with the Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Services, the BrainCheck App and/or the other BrainCheck Services.

Do Not Track Policy

We do not honor any web browser “Do Not Track” signals or other mechanisms that allow you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals.

We may use or partner with third-party companies, agents or contractors for various purposes in connection with our business and operations (e.g., storage of data and other information, CRM, ticketing support issues and the provision of services to you) (collectively, “Service Providers”). BrainCheck may share your personal data and other information with these Service Providers, or they may otherwise have access to your personal data and other information in the course of performing their responsibilities and providing services.

BrainCheck has also identified various Healthcare Providers and other companies/businesses that might be helpful to you in connection with the Test Results and your cognitive health (e.g., care management, brain games, pharmaceutical companies, etc.) (collectively, “Cognitive Health Service Providers”). With your consent, BrainCheck may share certain of your personal data, including your Test Results, with the Cognitive Health Service Providers so that they can reach out to you. ONCE YOU HAVE GIVEN YOUR CONSENT, ANY OR ALL OF THE COGNITIVE HEALTH SERVICE PROVIDERS MAY CONTACT YOU BUT YOU ARE NOT OBLIGATED TO SHARE ANY ADDITIONAL INFORMATION OR WORK WITH ANY OF THEM.

These Service Providers and Cognitive Health Service Providers may have adopted their own privacy policies, which are not subject to control by BrainCheck. You should always review the policies of these Service Providers and Cognitive Health Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your personal data and other information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of our Service Providers Cognitive Health Service Providers, please email us at support@braincheck.com.

Storage and Transfer of Your Personal Data and other Information

Disclosure of Your Personal Data and Other Information

Notwithstanding anything in this privacy policy to the contrary, BrainCheck shall comply with all applicable state and federal laws and regulations including the privacy and confidentiality of patient and other Test Taker’s records including but not limited to (i) The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (ii) the Privacy and Security Standards (45 C.F.R. Parts 160 and 164) and the Standards for Electronic Transactions (45 C.F.R Parts 160 and 162) (collectively, the “Standards”) promulgated or as to be promulgated by the Secretary of Health and Human Services on and after the applicable effective dates specified in the Standards; and (iii) The Health Information Technology Economic and Clinical Health Act of 2009 (the “HITECH Act” and together with HIPAA and the Standards, collectively, the “Privacy and Security Laws”). BrainCheck shall comply with all bylaws, rules, regulations, and policies of the applicable Healthcare Providers regarding the confidentiality and privacy of Protected Health Information, as defined in 45 C.F.R. 164.501, and Individually Identifiable Health Information (as defined in 42 U.S.C.§130d(6)) (collectively, “PHI”).

If BrainCheck ever creates, receives, maintains, or transmits any PHI, in connection with the Test Site, the Provider Test Site, the Cognitive Tests or any of the other Cognitive Testing Services, or any of the other BrainCheck Services, then BrainCheck will (i) enter into a Business Associate Agreement (or its equivalent)  (collectively, each a “BAA”) with the applicable Healthcare Providers and Cognitive Health Service Providers, in form and substance reasonably acceptable to the parties and (ii) comply with (A) the terms of the BAA and (B) all applicable healthcare related laws, including the Privacy and Security Laws.

De-Identified Data

BrainCheck may use, share, disclose and sell personal data and other information that is anonymized or in an aggregated form (i.e., in a form that does not identify you) without restriction so long as we do not disclose any of your personal data or violate the terms of this privacy policy, the Terms or any applicable law.

BrainCheck may also use the Test Taker Data to compile and synthesize aggregated and/or de-identified personal data and other information (“De-Identified Data”). For purposes of this privacy policy, “Test Taker Data” means the personal data and other information about cognitive health, including PHI and Test Results, that is collected or processed in connection with any of the Test Takers by the Cognitive Tests or any of the other Cognitive Testing Services.

Our Legal Bases for Handling Your Personal Data

GDPR and the Data Protection Laws in some other jurisdictions require companies to tell you about the legal bases that they rely on to use or disclose your personal data. To the extent that those laws apply, we rely on the following legal grounds to process your personal data:

• Performance of a contract: In most cases, we collect and use your personal data and other information to provide you the right to access and use the Cognitive Tests and the other Cognitive Testing Services and the other BrainCheck Services that you purchase from us or meet our obligations under a contract to which you are a party or pursuant to which we are providing services to you..
• Legitimate interests: We may use your personal data and other information for our legitimate interests on the grounds that it furthers our legitimate interests in commercial activities (but only to the extent that such interests are not overridden by the interests or fundamental rights and freedoms of the affected individuals) including:
• Analyzing and improving the Test Site, the Provider Test Site, the Cognitive Tests and the other Cognitive Testing Services, the BrainCheck App and the other BrainCheck Services and our business.
• Legal compliance: We may use and disclose personal data in certain ways to comply with our legal obligations under European or Member State law or other applicable law.
• Consent:  To the extent required by law, and in certain other cases, we handle personal data on the basis of implied or express consent.

Accessing and Correcting Your Personal Data

You may change, correct or delete any personal data that you have provided to us by emailing us at support@braincheck.com.

We will not process your personal data for marketing purposes without your consent.

If you are an EEA Individual and GDPR applies and we hold your personal data in our capacity as a controller, you may request that we:

• Provide access to and/or a copy of certain personal data (including, in some cases, in portable form);
• Prevent the processing of your personal data for direct-marketing purposes (including any direct marketing processing based on profiling);
• Update personal data that is out of date or incorrect;
• Delete certain personal data which we are holding about you; provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim;
• Restrict the way that we process and disclose certain of your personal data and other information except to the extent that processing is required (a) to comply with a legal obligation under European Member State law or other applicable law or (b) for the establishment, exercise or defense of legal claims;
• Transfer your personal data to a third party to the extent that this is technically feasible; and
• Honor a revocation of your consent for the processing of your personal data (without retroactive effect).

We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain personal data and other information may be exempt from such requests in some circumstances, which may include if we need to keep processing your personal data and other information for our legitimate interests or to comply with a legal obligation. We may request you provide us with additional information to confirm your identity before responding to your request. You have the right to lodge a complaint with the authorities applicable to your situation, though we invite you to contact us with any concern, as we would be happy to try to resolve it directly. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  https://edpb.europa.eu/about-edpb/board/members_en.

If you are an EEA Individual in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.

If you reside in a jurisdiction other than the European Economic Area, European Economic Area, the United Kingdom or Switzerland, you may also have similar rights to the above. Please contact us at support@braincheck.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

In addition, where you believe that we have not complied with our obligation under this privacy policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.  Here is a list of local data protection authorities in EEA countries.

You can exercise any of these rights by contacting us at support@brainbceck.com or write to us at:3000 E Cesar Chavez Street, Suite 300, Austin, TX 78702, Att: Privacy Policy.

How Long We Store Your Personal Data

We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfill the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Data Security

We understand that the security of your personal data is important. We provide administrative, technical, and physical security controls to protect your personal data as required by applicable law and in accordance with good industry practices, including encrypting your personal data at rest and in transit.  However, despite our efforts, no security controls are 100% effective. BrainCheck cannot ensure or warrant the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Test Site or through the other BrainCheck Services.

The safety and security of your data also depends on you. Where you have chosen a password for access to and use of , the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Services or any of the other BrainCheck Services, you are responsible for keeping this password confidential. We ask that you not share your password with anyone.

Changes to Our Privacy Notice

We may make changes to this privacy policy from time to time. If we do make any such changes, we will post a notice that this privacy policy has been updated on the home page of the Home Website for at least thirty (30) days. Previous versions will be available upon request by emailing us at support@braincheck.com.
If we make significant changes to how we treat personal data that are materially less protective than provided in this notice, we will use reasonable efforts to notify you by e-mail to the e-mail address provided by you and/or through a notice on the home pages of the Home Website and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes. Your continued use after our efforts to contact you, of the Test Site, the Provider Test Site, the Cognitive Tests or the other Cognitive Testing Services, or any of the other BrainCheck Services means that you agree to be bound by such changes.

Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and/or any other agreements between us are terminated and you are no longer a Test Taker or using the Test Site, the Provider Test Site, the Cognitive Tests or any of the other BrainCheck Services.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at support@braincheck.com or by mail at BrainCheck, Inc., 3000 E Cesar Chavez Street, Suite 300, Austin, TX 78702, Att: Privacy Policy.

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