This Privacy Policy (“Policy”) lets you know what information Brainwell Health (“us,” “we”, or “Brainwell”) collects about you or what information you made provide to us, including when you visit our website at www.brainwellhealth.com and related pages (our “Website”), and our practices for using and disclosing that information.
Please review this Policy very carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this Policy, your choice is not to use our Website or our services. We reserve the right to update or modify this Policy from time to time. Where applicable data protection laws require us, we will provide appropriate notice, and take any necessary action, should we make any material changes to our practices. We encourage you to review this page periodically for the latest information on our privacy practices.
Children Under the Age of 18. Our Website and services are not intended for use by children under the age of 18. No one under the age of 18 may provide any information to us, including on the Website. We do not knowingly collect, sell, or share personally identifiable information from children under 18. If you are under the age of 18, do not use our Website or provide any information to us, including for use of our services. If we learn we have collected or received personal information from a child under the age of 18 without proper consent, we will delete that information.
Information We Collect About You and How We Collect It
We collect information from you in a variety of ways including, for example, when you visit our Website, request information from us, or use our services. This information may include personal information that can be used to identify you. Personal information does not include publicly available information from government records or de-identified or aggregated information.
In particular, when you set up an account with Brainwell, you are creating a direct customer relationship with us that enables you to access or utilize our services, which includes access to services for the purpose of conducting tests, including electroencephalogram (“EEG”) tests, and providing the results of other informational content relating to such results. To set up an account, you may provide your first and last name, email address, zip code, and certain transactional information including your credit card, debit card, financial account or other payment information to process payments for any services.
There may be situations when you use certain components of our services, that the health or medical information that we receive about you is protected under applicable laws. While Brainwell is not a health care provider, and is not a covered entity under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, “HIPAA”), in some cases we may be a “business associate” to covered entities under HIPAA, and as such we may have certain federal, state and contractual restrictions on how we can use your health or medical information (collectively, your “Protected Health Information” or “PHI”). We do not act as either a covered entity or business associate when we only interact directly with you.
Brainwell may also collect the following information:
o From time-to-time, we may invite you to participate in surveys or promotional activities. When you participate in these sorts of activities, we may collect such information as your name, email address, phone number, and workplace, as well as information regarding what services you may be interested in receiving. Depending on the nature of the activity, we use this information for marketing to follow-up with you regarding the services we offer, or, if applicable, to notify winners and award prizes.
o Communications from you. When you use our services (for example, when you make use of our Website), complete electronic forms, or contact us, we may collect certain information about you and the activity in which you engaged, for example: your name, address, the nature of your communication, the purpose of the interaction, a record of any correspondence we have with you, the action we took in response to your inquiry or request, your search queries, or any other information you may provide to us.
o· Information from our Affiliates and partners. We may also receive and store your information from other Brainwell Affiliates, our business partners, service providers and other third parties in connection with one or more business purposes, including making our services or their services available to you.
o We may also collect information through automatic data collection technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect information about your device and internet connection, including your IP address, operating system, and browser type. We also collect details about your visits to our Website, location data, traffic data, and other information about what you access and use on our Website. The technologies we use for this automatic collection may include:
· Cookies. Cookies are small files that a website uses to identify your computer, remember information about you, including your preferences, and track your browsing history.
Flash Cookies. Certain features of our Website may use Flash cookies to collect and store information about your preferences and navigation to, from, and on our Website, including your use and experience of our services.
· Tracking and/or Analytics Services. To gauge the effectiveness of our Website, we may use tracking or analytics services. This information may include, among other things, data regarding your browsing history (before, during, and after visiting our Website), your activity on the Website or a mobile application, your browser cookies. For example, we may make use of web beacons (AKA pixel tags, clear GIFs). Beacons are small objects that are embedded in an image on a website; they can transmit information directly to Brainwell, or to another person or entity of our designation. Brainwell may use one or more external providers to monitor and analyze our digital properties and online technologies, including without limitation the Website. We currently use Google Analytics to monitor and report on our Website traffic. You can review Google’s privacy policy at https://policies.google.com/privacy. Please note that Google offers a browser add-on that enables website visitors to prevent their data from being used by Google Analytics; you can learn more at http://www.tools.google.com/dlpage/gaoptout.
· Third Party Credentials. If you use login credentials from a non-Brainwell service (e.g., Facebook, Google) to login or provide other data or information in connection with our services, Brainwell may collect data and information from that service – but only to the extent you have granted permission to share such data and information, and only in compliance with such permission. This information may include, for example, the collection of your social media account ID, contact/friend list, online profile, and profile picture and photos, as well as the collection of data information concerning your online groups, user history information, and application settings and preferences.
· Other. Brainwell may further collect any other information to the extent you input, create, upload, export, share, generate or otherwise provide it to us.
How We Use Your Information.
We use information that we collect about you or that you provide to us, including any personal information, for one or more of the following purposes:
- To provide you with information or services that you request from us, including responding to your customer service requests and to support your needs.
- To present our Website and its contents to you, including to understand how you use the services and resources provided on our Website and to remember your preferences and personalize your experience.
- To improve our services.
- To notify you about changes to our Website or any products or services we offer.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- For our operations and administrative purposes. We may use your information for furthering our business, including, for example, creating, operating, delivering, maintaining, and improving our content, products, and other services.
- For marketing communication purposes. We may use your information to send you information about our products and services, upcoming events, surveys, and other announcements and inquiries. If you do not wish to receive such communications via email can choose to opt-out at any time by clicking “Unsubscribe” at the bottom of the email or by emailing us at email support@brainwellhealth.com with the subject line “Interest Based Ads” with a request to remove you from marketing and promotional communications, which we will process within a reasonable length of time
- 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 comply with a legal or regulatory requirement or to protect ourselves, including (i) to respond to law enforcement requests and as required by applicable law, court order, or governmental regulation, (ii) to protect against harm to the rights, property or safety of us, our customers, or the public as permitted by law, and (iii) to help maintain the safety, security, and integrity of our Website, products and services, and databases and other technology assets and to detect, prevent, or mitigate fraud or security or technical issues.
- In any other way we may describe when you provide your information.
- For any other purpose with your consent.
We may use aggregated and information that does not identify any individual without restriction. We may use such information, included de-identified results and personal information, for our analysis, research, product development (including algorithms for our software), and publication or any other lawful purpose.
Disclosure of Your Information
We may disclose aggregated information about you, and information that does not identify you, without restriction. We may disclose personal information we collect or you provide as described in this Policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and only use it for the purposes for which we disclose it to them. To a buyer or other successor in the event of, or evaluation of, a merger, sale, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Brainwell’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about you may be among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information or with your consent, including to persons or entities of your designation who are relevant to your care.
- To comply with a legal or regulatory requirement, and to protect, defend, and enforce rights, property, and operations. We may also share your information when we believe that such action is necessary to:
- Fulfill an enforceable government request;
- Conform with the requirements of the law or legal process;
- Protect, defend, and/or enforce our legal rights, operations, and/or property (including without limitation as they relate to our services and products, such as our Website), as well as the rights, operations, and/or property of our Affiliates, business partners, service providers and other third parties;
- Protect, defend, and/or enforce our or your legal rights and the legal rights of persons using our services; or
- As otherwise permitted under applicable law.
Retention & Continued Use of Your Information
Brainwell retains your information for as long as necessary to provide you with the services, as required by law, or to ensure that we can perform legitimate business functions, such as accounting for tax obligations or audits for security purposes, as well as monitoring and understanding our users and their interactions with our technologies. To the fullest extent permitted by applicable law, Brainwell reserves all rights to delete, modify, remove, and/or destroy any data and/or information we collect – at any time, for any reason or none, without notice or cause; we maintain no obligation to preserve your data or information, including without limitation your personal information.
Third Parties
Our services may contain links to other sites, applications, and media properties that are owned or operated by third parties. You may also see our logo on external websites where we have partnered with third parties to offer you additional information and services.
We are not responsible for the content, privacy policies and practices, security policies and practices, or actions or omissions of those any third-party with respect to your personal information. Therefore, we strongly encourage you to look for and carefully review the privacy policy and terms of service (or equivalent terms) for each website, application, and media property that you visit via a link from our services; your decision to consent to such is strictly between you and said third party.
Choices About How We Use and Disclose Your Information
Please note that you may restrict tracking technologies, deactivate location sharing, and limit your exposure to interest-based advertisements based on your device settings. Your browser may also offer you the option of refusing or removing some or all browser cookies and your should consult your browser settings to refuse cookies, delete cookies after visiting a website or how to use your browser’s anonymous usage setting.
Brainwell does not support “Do Not Track” requests. To determine if any of providers or services honor “Do Not Track,” please carefully review their privacy policies.
Data Security
Brainwell uses certain safeguards to reasonably protect the security and integrity of your personal information, including collecting information via a secure processing server (SSL-protected, with a valid SSL-certificate or other commercially reasonable encryption technology) and, with respect to your payment information, using a third-party payment provider with appropriate security and confidentiality procedures in accordance with the Payment Card Industry Data Security Standard (PCI-DSS).
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our user’s personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this Policy and our practices, contact us at: support@brainwellhealth.com