Last updated: June 24, 2019
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:
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.
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 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:
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.
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.
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,
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.
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.
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.
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
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.
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.
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.
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.
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 firstname.lastname@example.org or write to us at: BrainCheck, Inc., Texas Medical Center Innovation Institute 5615 Kirby Dr. Suite 690 Houston, TX 77005.
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.