Privacy policy

Last updated Aril 25, 2024

This Privacy Notice for Healthy Brain LLC (doing business as BetterBrain) (“BetterBrain”, “Company”, "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("Process") your information when you use our services ("Services"),  when you access and provide information through the BetterBrain website, as a user of the Services per our Legal Terms set forth in the Terms and Conditions:

  • Engage with us in other related ways, including for sales, marketing, or other events.

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights regarding use of the Services, including through the BetterBrain website. If you do not agree with our privacy policies and practices, or refuse to comply with any applicable federal, state, or local laws and regulations, all to the extent applicable to our Processing of your personal information (“Applicable Law") please do not use our Services or discontinue use of the Services immediately. If you have any questions or concerns regarding this Privacy Notice, please contact our Privacy Officer, Cedric Gousseau, at cedric@betterbrain.com.

SUMMARY OF KEY POINTS

This summary provides key points of the Privacy Notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the information you are looking for.

What personal information do we Process? When you visit, use, or navigate our Services, we may Process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

Do we Process any sensitive personal information? We may Process sensitive personal information when necessary, with your consent, per our Terms and Conditions, or as otherwise permitted or required by Applicable Law.

Do we receive any information from third parties? We receive information from third party laboratory testing and cognitive testing partners as part of our brain health assessment.

How do we Process your information? We Process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with Applicable Law, including with your consent or authorization, for certain purposes under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, set forth at 42 U.S.C. § 1320d and 45 C.F.R. Parts 160 and 164  (collectively, “HIPAA”), as a Business Associate, or as otherwise required under specific state laws and regulations.  We Process your information only when we have a valid legal reason or obligation to do so.

In what situations and with which types of parties do we share personal information? We may share personal, health, or payment information in specific situations and with specific categories of third parties in order to provide our Services: to or from healthcare providers, payment vendors, other healthcare industry entities or if required by law enforcement or a government entity under Applicable Law.

How do we keep your information safe? We have organizational and technical policies and procedures in place designed to protect your personal information. However, electronic transmission of information over the internet or using information storage technology can be compromised by hackers, cybercriminals, or other unauthorized third parties who may consequently improperly collect, access, or modify your information, after your personal information has been authorized to be stored, shared with another party, or may be inadvertently disclosed beyond your or BetterBrain’s control.

What are your privacy rights? Depending on where you are located geographically, certain Applicable Law may determine the extent of your rights regarding the use, storage, and sharing of regarding your personal information, which may under certain circumstances be considered protected health information (“PHI”), as defined by HIPAA, when received from third-parties and such PHI will be used and disclosed only in accordance with HIPAA. HIPAA and certain state laws may provide you with additional rights, as discussed in the Terms and Conditions or in this Privacy Notice.

How do you exercise your privacy rights? The easiest way to exercise your privacy rights is by reviewing this Privacy Notice or by contacting our Privacy Officer at the contact information provided at the end of this Privacy Notice with any questions. We will consider and act upon any reasonable request made in accordance with Applicable Law.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or when you otherwise contact us.

Payment Data. Your data may be necessary to Process your payments if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s privacy policy. This P Notice does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. We do not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies. All payment data is stored by Stripe. You may find their Privacy Notice link(s) here: https://stripe.com/privacy.

All personal information that you provide to us must be true, complete, and accurate, and you should notify us of any changes to such personal information, as applicable.

Sensitive Data. As noted in the above table, we may collect sensitive personal information. We will only do so upon first receiving your prior consent  (where such consent  is required under Applicable Law). Where required under Applicable Law, we will first obtain your prior consent to collect such sensitive personal information. We only use such sensitive personal information as noted in the table above, which includes, for example, using sensitive personal information to (1) carry out our obligations under Applicable Law; (2) for the performance of our agreement with you or to provide you with services or products requested by you and as reasonably expected in the context of our performance; (3) to protect our legal interests and to ensure the physical safety of ourselves and other individuals; and (4) for other purposes, with your prior consent.

We do not disclose your sensitive personal information to any third parties, unless we first obtain your prior consent to do so. However, we may use your sensitive personal information to generate de-identified or aggregate data. With regard to such de-identified and aggregated data, we take reasonable measures designed to ensure that the de-identified and aggregated data cannot be reasonably associated with you. We will not attempt to reidentify the de-identified or aggregated data except solely for the purpose of testing our de-identification processes or determining if they are compliance with the requirements set forth in this Privacy Notice or under Applicable Law.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

Analytics. The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Notice and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Company from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to the Meta “tracking pixel”).

These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Services.

To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We Process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with Applicable Law. We may also Process your information for other purposes with your consent.

We Process your personal information for a variety of reasons, depending on how you interact with our Services, including:

·       Services and Purpose Collected; Communication with You. We will use and share your personal information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including your subscriptions, purchases, and account activity), your requests for information, user-generated content you provide, to administer your account (where applicable) and our legitimate business activities, to provide customer support to users of the Services, and to provide you with information and communications that you request. User-generated content will be used for the purpose for which it was provided, including to make that content available to other users of the Services, if applicable, as discussed above and in our Terms.

·       Personalization; Advertising; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Services. Additionally, we may collect your information and share it with our third party service providers to understand how our Services are used and to improve the Services (as described further in the “Analytics” section of the Privacy Notice above). Further, we may use your information for us, or our third party service providers, to use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information. For more information, please see the “Advertising Networks, Personalized Advertising, Remarketing, and Retargeting” section of the Privacy Notice above.

·       Self-Assessment Results. Our Services allow you to voluntarily engage in a self-assessment quiz that provides us your personal information and information about your health, lifestyle, and risk factors, which may be considered sensitive personal information as noted in Section 1 of this Privacy Notice. We use your responses and information to provide you with feedback regarding your brain health and to connect you with access to certain third-party services that you may obtain or participate in, such as for laboratory testing and telehealth services. As noted above in Section 1, where required under Applicable Law, we first obtain your consent before collecting and processing your sensitive personal information. By submitting your assessment and responses to us, you hereby consent to our collection and use of your sensitive personal information pursuant to this Privacy Notice and Applicable Law.

·       Promotional Communications. We may, to the extent permitted by Applicable Law and in accordance with your preferences, use personal information to send you promotional communications about us and our products and services. We will obtain your prior consent for such promotional communications solely to the extent required by Applicable Law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in our emails. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”. Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Services when prompted, we may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from us, you may still receive administrative communications from us with respect to your use of the Services.

·       Disclosing Collected Information.

·       To our Affiliates, Subsidiaries, and Related Entities: Based on how you use the Services and the information that you provide to or request from us, we may share your name, contact information, and related personal information with our affiliated companies who have products or services that we think may be of interest to you. Our affiliated companies may contact you directly with respect to such products and services, provided that if Applicable Law requires, your prior consent will be obtained. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”

·       To Our Third-Party Suppliers and Service Providers: We will disclose personal information to our and our affiliates’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of personal information as permitted by this Privacy Notice and Applicable Law. These third parties include, without limitation, our website management and hosting suppliers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose personal information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties.

·       Evaluation and Improvement. We may use and disclose personal information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other statistical purposes.

·       De-Identified and Aggregated Data. We may de-identify and/or aggregate personal information and user-generated content, and aggregate other information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by Applicable Law. We may also combine aggregate and/or de-identified data with other data in our possession for purposes of using and disclosing information as described in this Privacy Notice and as permitted under Applicable Law. For example, we may disclose de-identified information to healthcare providers or healthcare entities as noted in the “Sensitive Data” subsection above.

·       Lawful Processes; Protection of Company. We may use and share personal information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use personal information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

·       Business Transactions. If we undergo a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose personal information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose personal information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Notice as it applies to the information disclosed. Also, if we or any of its assets are acquired or if we go out of business, enters bankruptcy, or goes through some other change in control or reorganization, personal information may be one of the assets transferred to or acquired by a third party.

·       With Your Consent. With your consent, we may use and share your personal information and other personal information in ways not specifically described in this Privacy Notice.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

We may need to share your personal information in the following situations:

Third Party Websites and Embedded Content. The Services may link to, or be linked to, websites, applications, or services not maintained or controlled by us. We are not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

Additionally, the Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. For example, the Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Our Services may embed YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

The Services automatically use cookies to track your use of the Services in order to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Notice. We do not have access or control over these cookies and this Privacy Notice does not cover the use of third-party cookies. Click here for information on the cookies used by Facebook. Click here and here for information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other personal information to the extent permitted by Applicable Law.

·       Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.

·       Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.

·       Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.

·       Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. We and our third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites.

For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information or other information you have entered using the Services, and our website may not recognize the device(s) you use to access the Services.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required or restricted by Applicable Law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by Applicable Law (such as tax, accounting, or for other legal requirements). No purpose in this Notice will require us to keep your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to Process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further Processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we Process. However, electronic transmission of information over the internet or using information storage technology can be compromised by hackers, cybercriminals, or other unauthorized third parties who may consequently improperly collect, access, or modify your information, after your personal information has been authorized to be stored, shared with another party, or may be inadvertently disclosed beyond your or BetterBrain’s control. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

Withdrawing your consent: If we are relying on your consent to Process your personal information, which may be express and/or implied consent depending on the Applicable Law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the Processing before its withdrawal nor, when Applicable Law allows, will it affect the Processing of your personal information conducted in reliance on lawful Processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Contact us using the contact information provided at the end of this Privacy Notice.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under Applicable Law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Notice only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to our Processing of your personal information.

Sources. Consistent with the Privacy Notice above, we collect certain categories of personal information directly from you and, in some circumstances, third parties. The categories of sources that we collect personal information from in the prior 12 months includes the following:

·       Our third party service providers;

·       Online advertising networks;

·       Affiliated, subsidiaries, and related companies;

·       Third party websites and mobile applications (e.g., websites that share information with us or our advertising partners);

·       Social media companies;

·       Our Services; and

·       Your communications with us.

Rights. Applicable Laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. These rights may include, to the extent applicable to our Processing of your personal information and to the extent granted under Applicable Law:

·     The right to confirm whether we are processing your personal information.

·     The right to request access to any of your personal information that we hold. Specifically, you may have the right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you.

·     The right to receive all such personal information about you from us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another entity where this is technically feasible.

·     The right to request the deletion of your personal information that we have collected.

·     The right to request the correction of your personal information that we collected.

·     The right to opt-out of targeted advertising and the sharing of personal information that is shared for cross-contextual behavioral advertising purposes;

·     The right to opt-out of the sale of your personal information;

·     The right to not be discriminated against due to your exercise of your rights under Applicable Law. We do not discriminate against users for exercising the rights granted to them under Applicable Law and that are applicable to our processing of your personal information.

We do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under Applicable Law).

The above rights are only exercisable by you where the Applicable Law grants you the right being exerted and where no exception or exemption under Applicable Law applies. You may also have a registered agent (if and only as permitted under Applicable Law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

Selling and Sharing. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by contacting use through the methods set forth below under the “Exercise Your Rights” section of the Privacy Notice, or by clicking the “DO NOT SELL OR SHARE MY PERSONAL INFORMATION”.

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal information of anyone under the age of 16 years old. See the “DO WE COLLECT INFORMATION FROM MINORS?” section of this Privacy Notice above for more information.

Exercise Your Rights

If this Privacy Notice expressly states above that you have certain rights or Applicable Law grants you certain rights as it relates to this Privacy Notice and the personal information we collect about you, you may submit a verifiable request to us by

Telephone: 646-342-1567

Email: contact@betterbrain.com

Only you or a registered agent (if and only as permitted under Applicable Law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under Applicable Law. If we deny your request, you can appeal such denial by emailing us at contact@betterbrain.com.

You also may have the right to lodge a complaint with a government regulator (e.g., your state attorney general) if you consider that the collection and use of your personal information violates this Privacy Notice or applicable law.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with Applicable Law.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email our Privacy Officer, Cedric Gousseau at cedric@betterbrain.com or contact us by post at:

Healthy Brain LLC
600 Superior Ave. E.
Cleveland, OH 44114
United States