Privacy Policy


Last updated: June 24, 2019

BrainCheck, Inc. (“BrainCheck” or “we”) knows your privacy is important to you and we are committed to providing a safe and secure user experience. This Privacy Policy is incorporated into the BrainCheck’s Terms of Use, and applies to the use of technology and services offered by BrainCheck through its website located at braincheck.com (the “Website”), its mobile software application (the “BrainCheck App”), or through schools, doctors and other third parties using one or more software applications (the “Applications”). The technology and services provided through or related to the Website, the BrainCheck App and the Applications are collectively hereinafter referred to as the “Services”. This Privacy Policy sets forth our policies with respect to information that is collected from you when using the Services, including personally identifiable data (“Personal Data”) and other information.

INFORMATION WE COLLECT

When you interact with us through your use of the Website, the BrainCheck App, the Applications and the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily choose to provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services, use certain Services, or authorize us to access data from your Facebook account. For example, we collect and store data about your demographic information, your responses to our self-administered cognitive tests, including symptom and event data, and cognitive metrics that we derive from your test results using the Services. We may also collect and store information such as your browser type, IP address, language, operating system, unique device identifier, and the date and time of your use of the Services. By voluntarily providing us with your Personal Data through your use of the Services, you are consenting to our use of such Personal Data in accordance with this Privacy Policy. As the Services include the use of client/server software, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers or those of our affiliates or contractors located in the United States and other countries.

HIPAA Compliance: BrainCheck associates all undergo privacy training in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on an annual basis. Additionally, BrainCheck maintains standard physical and electronic procedural safeguards that limit access to our employees (or entities working on our behalf with confidentiality agreements in place). All personal data and personal health information that is collected through the BrainCheck App is maintained on HIPAA compliant servers. 

When BrainCheck acts as a Business Associate for a Covered Entity, we secure Personal Health Information in accordance with the requirements of HIPAA.

Other Information:

Non-Identifiable Data: When you utilize the Website, the BrainCheck App, the applications and the Services, we may receive certain personally non-identifiable information about your use of the Services. Such information, which may be collected passively using various technologies, or via your use of the Services, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases or on servers owned and maintained by our affiliates or Service Providers. We may use such information and pool it with other information to track, for example, the total number of users of our Services, the number of visitors to our Website, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user’s demographics, interests, responses, and behavior based on the Personal Data, test results and other information provided to us. We also may collect and use population data from use of the Services to improve our technology and its underlying algorithms. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates and Service Providers. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe the Services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Cookies: To collect information, we use cookies and other standard web technologies. Cookies are small text files placed on the browser of your computer or mobile device when you visit a website that collect non-personal information. We use “persistent cookies” to save your login information for future logins to BrainCheck. We use “session ID cookies” to enable certain features of BrainCheck, to better understand how you interact with the Services and to monitor aggregate usage and web traffic routing. Most browsers automatically accept cookies, but allow you to disable cookies through the “options” or “preferences” menu of your browser. Please be aware that disabling cookies could interfere with the functionality of the Services. Third parties whose products or services are or may be accessible in the Services, including social networking services like Facebook, may also use cookies or similar tools. Please review their privacy policies for information about their cookies and other privacy practices.

Our Use of Pixels: Pixels are site instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the associated member account details, which include name, city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Data:  

  • To provide you the BrainCheck App, the Applications and the Services and the content and the other products and services that you request from us.
  • To provide the Website and its contents to you. 
  • To process and complete transactions and send you related information, including the request for and the provision of the Services.
  • To provide technical and other support to you.
  • To send you promotional communications, such as providing you with information about healthcare and other services (e.g. interpreting the results of any tests), features, surveys, newsletters, offers and events; and providing other news or information about us and our select partners. 
  • To enable Service Providers to perform certain responsibilities and provide certain services in connection with our business and operations.
  • To fulfill any other purpose for which you provide it (e.g., if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem).
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Website, the BrainCheck App, the Applications and the Services. 
  • To allow you to participate in interactive features on or through any of the Services. 
  • To enhance the safety and security of all of the Services. 
  • To verify your identity and prevent fraud or other unauthorized or illegal activity.
  • To enable marketing, remarketing and targeted advertising and similar services from us or Service Providers, including direct and indirect marketing and on-line behavioral advertising regarding our own and third-party products and services that we believe may be of interest to you, including related healthcare and other services and advertisement on third party websites.
  • To perform targeted and other advertising on third party websites.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Some of the information that we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Website, the BrainCheck App, the Applications and the Services, and to deliver a better and more personalized service, including enabling us to:

  • Estimate our audience size and better understand usage patterns.
  • Store information about your preferences, enabling us to customize the Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Website.

We will communicate with you through email and notices posted via the Services. These communications may include a series of welcome emails that help inform you about various features of the Services. Please be aware that we will always send certain emails related to the proper functioning of your account. We may send you promotional information, including for related healthcare services, unless you have opted out of receiving such information. If you wish to opt-out of receiving promotional emails, please click the “unsubscribe” link at the bottom of the email.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

In addition to the foregoing, there are certain other circumstances in which we may share your Personal Data with certain third parties without further notice to you, including as set forth below:

Service Providers: We may share your information with certain third parties, agents and contractors selected by us to help support our business and operations and you (“Service Providers”). These include, for example, services that help us process payments, analyze web traffic, send emails, and track customer service requests. In addition, we may share limited personal information to Service Providers that help us market or advertise, the Services. These Service Providers may have access to your information only for purposes of performing these tasks on our behalf and we contractually require them to protect your information consistent with this Privacy Policy. Many Services Providers have adopted their own privacy policies, which are not subject to control by BrainCheck. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information..

The Service Providers may also transmit cookies to your computer or device, when you click on ads that appear on or through the Services. Also, if you click on a link to a third-party website, such third party may also transmit cookies to you. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any our Services, and those third parties may not honor “Do Not Track” requests you have set using your web browser.

GOOGLE ANALYTICS

We use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics to improve the Pure Products, the Site, and its related features, functionality and performance. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out using the DoubleClick opt-out or permanently using a browser plugin.

DoubleClick: We may use Google Analytics and Google Ads remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.

GOOGLE ADS

The Site uses Google Ads to advertise on third party websites to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with this privacy policy, as well as Google’s privacy policy Google’s privacy policy.

DoubleClick: We use “Google Ads” remarketing codes to log when users view specific pages or take specific actions on the Site. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out or the Network Advertising Initiative opt-out. For more information, 

FACEBOOK PIXEL

We use Facebook Pixel to track conversion and direct relevant advertising to our customers. It is an analytics tool that allows us to measure the effectiveness of our advertising by understanding the actions users take on the Site.

You can opt out by following the instructions here: http://optout.aboutads.info.

More information about Facebook and its privacy policy can be found here: https://www.facebook.com/about/privacyshield.

Legal Requirements: We may disclose your information when we have a good faith belief we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism. We may also disclose your information when we have a good faith belief that disclosure may prevent fraud and abuse of the Services or its users or protect our property rights.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or the Services, Personal Data may be part of the transferred assets. We will post a notice or otherwise notify you before the information is transferred and becomes subject to a different privacy policy.

Consent: We may disclose your information when we believe we have your consent to do so, such as when you contact customer service and ask us about your account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your account. If you have expressly agreed to participate in a research study with us or with a third party that incorporates your personal information collected by BrainCheck, we also may disclose your information for the purpose of facilitating the research to which you have consented.

YOUR CHOICES

When you sign up for our Services, we ask you to provide Personal Data as part of the registration process. If we want to use this Personal Data in a manner different than the purpose for which it was collected or as otherwise permitted under this Privacy Policy, we will ask for your consent prior to doing so. If we propose to use Personal Data for any purposes other than those described in this Policy and/or in the specific notice of Services, we will offer you an effective way to opt out of our use of your Personal Data for those other purposes.

EXCLUSIONS

The Services may now or in the future permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. This Privacy Policy shall not apply to any User Content or unsolicited information you provide to us through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content that by its nature is accessible or intended to be accessible to other users of the Services. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide, including by authorizing us to access Facebook Information as described above, to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through the Services.

CHILDREN

We do not knowingly collect Personal Data from children under the age of 13 and do not target our websites to children under 13. If you are under 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data without their parents’ permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will endeavor to delete that information from our databases.

DO NOT TRACK POLICY

Your web browser may offer you a “Do Not Track” option, which allows 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. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services.

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Services. The Services may frame or contain references or links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply our review or endorsement of the Third Party Sites. We suggest contacting the providers of those sites directly for information on their privacy policies.

SECURITY

We take reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the Internet.

BrainCheck shall promptly (but, in any event, within seventy-two (72) hours unless otherwise advised by law enforcement) notify you in the event that BrainCheck learns or has reason to believe that any person or entity (including any computer or other electronic system) has breached or violated BrainCheck’s security measures, or gained unauthorized access to Personal Data, including where any unauthorized intentional or unintentional disclosure, modification, destruction, or loss of a data, or the copying of information to unauthorized media may have occurred.

OUTSIDE THE UNITED STATES CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

If you access the Services outside of the United States, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.

DATA INTEGRITY

We process Personal Data only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Data needed to provide or improve our Services and any other services that BrainCheck may offer. We take reasonable steps to ensure that the Personal Data we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Data whenever necessary.

ENFORCEMENT

We regularly review our compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or our treatment of Personal Data by contacting us through our Website or the Services. When we receive formal written complaints, it is our policy to contact the complainant regarding his or her concerns.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the privacy policy has been updated on the home pages of the Website for at least 30 days. If we make material changes to how we treat our users’ personal information that are materially less protective than provided in this Privacy Policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the 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.  Like our Terms of Use, of which this Privacy Policy is a part, your use, and/or continued use after our efforts to contact you, of the Website, the BrainCheck App, the Applications and/or the Services, means that you agree to be bound by such changes.

ACCESS TO INFORMATION

We strive to keep your Personal Data accurately recorded. Through the Services, we provide you with access to update your profile and revise Personal Data previously submitted to us.

SURVIVAL

The policies indicated in this Privacy Policy will remain effective, even if the Terms of Use and the other agreements between us are terminated and you are no longer using the Website, the BrainCheck App, the Applications or the Services.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@braincheck.com or write to us at: BrainCheck, Inc., Texas Medical Center Innovation Institute 5615 Kirby Dr. Suite 690 Houston, TX 77005.

CONTACTING US

If you have any additional questions or concerns about this Policy or our information practices, please feel free to contact us at any time through the contact mechanisms set forth on our Website or available through the Services.