Effective July 17, 2023
Welcome to Brainwave Science, Inc.
SERVICE means the www.brainwavescience.com website operated by Brainwave Science, Inc. as well as other application(s) provided thereon or in connection therewith.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) mean any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
- Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
- Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
0.1. Email address
0.2. First name and last name
0.3. Phone number
0.4. Address, Country, State, Province, ZIP/Postal code, City
0.5. Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
0.1. Session Cookies: We use Session Cookies to operate our Service.
0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
0.3. Security Cookies: We use Security Cookies for security purposes.
0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, NDA agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data. Such other data we collect and process includes, without limitation,
- Visitor Data: When you utilize the Services, we may Process information like the particular page(s) visited or which features you interacted with, the amount of time on the website or app, site/app/Platform errors, information about the type of device and browser you’re using, and IP address. We may Process your Third-Party identifier or advertising ID (if available based on the settings of your device);
- Onboarding data: When an account is created, the user fills out a questionnaire, We Process the information used to complete this questionnaire. Some of this information may include identifiers like email address, phone number, chosen name (first name or nickname), and physical address. This information may also include sensitive information.
- Account Registration Data: We Process data about payment transactions such as whether a user completed payment for our services.
- Visitor and Client Engagement Data: We Process data for logging into our platform(s) and activity conducted during that log in such as when a user logs in, the timing, number and length of messages received or sent through the platform(s), the timing, number and duration of live session scheduled or conducted, the number and timing of use of other features such as worksheets, journals and goals. This category includes communications with our personnel.
- Customer Service Communications Data: We Process communications users have with our customer service team
5. Use of Data
Brainwave Science, Inc. uses the collected data for various purposes:
0.1. to provide and maintain our Service;
0.2. to notify you about changes to our Service;
0.3. to allow you to participate in interactive features of our Service when you choose to do so;
0.4. to provide customer support;
0.5. to gather analysis or valuable information so that we can improve our Service;
0.6. to monitor the usage of our Service;
0.7. to detect, prevent and address technical issues;
0.8. to fulfil any other purpose for which you provide it;
0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
0.12. in any other way we may describe when you provide the information;
0.13. for any other purpose with your consent.
- Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
- Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
- We may share your personal data with Service Providers. We share personal data for business purposes with service providers that provide us with services for operating the Platform, opening, and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, affiliate marketing, data and cybersecurity services, web analytics and performance tools, IT SaaS services, legal and financial advisors, or technical consultants. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require third parties to adequately safeguard your personal data and only process it in accordance with our instructions.
- We may share your personal data with contractors and sub-contractors. It may be necessary to share your information with our contractors and sub-contractors to help us deliver services offered on our Platform or to comply with United States or International laws. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require contractors and sub-contractors to adequately safeguard your personal data and only process it in accordance with our instructions.
- We may share your personal data within the context of a corporate transaction. Personal data will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of the Company’s assets, acquisition, or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.
- We may also disclose certain information about you and/or your use of our Services to third parties without identifying your personally identifiable information for any lawful purpose, including, but not limited to, analyzing how our Services are used, diagnosing technical problems, maintaining security, and personalizing advertisements and promotions. We may de-identify personally identifiable information and share it in a de-identified or aggregated form with third parties, advertisers, and/or business partners for any lawful purpose.
- We may allow third-party advertising servers to place advertisements within our Services. These third-party advertising servers or advertising networks use technology to send, directly to your browser or device, the advertisements, and links that appear within the Services. They automatically receive your IP address when this happens. They may also use other technologies to measure the effectiveness of their advertisements and to personalize the advertising content. We may provide such third parties with aggregate information about our users (for example, we may inform them that a certain number of women of a given demographic have clicked on their advertisement over a given time period). We may also use such aggregate information to help advertisers reach their target audience. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisements to that target audience.
- Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
- Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at firstname.lastname@example.org.
In certain circumstances, you have the following data protection rights:
0.1. the right to access, update or to delete the information we have on you;
0.2. the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
0.3. the right to object. You have the right to object to our processing of your Personal Data;
0.4. the right of restriction. You have the right to request that we restrict the processing of your personal information;
0.5. the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
0.6. the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
- Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
According to CalOPPA we agree to the following:
0.1. users can visit our site anonymously;
0.4. users are able to change their personal information by emailing us at email@example.com.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
- Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
0.1. What personal information we have about you. If you make this request, we will return to you:
0.0.1. The categories of personal information we have collected about you.
0.0.2. The categories of sources from which we collect your personal information.
0.0.3. The business or commercial purpose for collecting or selling your personal information.
0.0.4. The categories of third parties with whom we share personal information.
0.0.5. The specific pieces of personal information we have collected about you.
0.0.6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
0.0.7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
0.2. To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
0.3. To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
If you submit a request to stop selling your personal information, we will stop making such transfers.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by email: firstname.lastname@example.org.
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.
- Virginia Resident Notice
As a Virginia resident you have the following rights regarding your personal data under the Virginia Consumer Data Protection Act (the “VCDPA”) effective as of January 1, 2023:
- Right to Confirm if a Controller is Processing Your Personal Data and to Access Personal Data;
- Right to Correct Inaccurate Personal Data;
- Right to Delete;
- Right to Obtain Copy of Personal Data in Portable Format; and
- Right to Opt-Out of the Processing of Personal Data for purposes of Targeted Advertising, Sale, or Profiling with legal or other significant effects
To exercise any of your rights, please email us at email@example.com. The VCDPA applies to individuals who are Virginia residents, but does not apply to individuals acting in a commercial context (i.e., as a representative of a business).
Depending on the specific service or product you use, the categories of personal data collected may include (1) personal identifiers such as your name, address, email and payment information, (2) commercial information such as the records of the products and services you purchase and use, and (3) internet or other electronic activity such as your interaction and usage with our websites, apps and advertisements and information about and on your device.
Depending on the specific service or product you use, we and our affiliates use your personal data for various business purposes, including (1) to provide, manage, support and improve our products and services, (2) to maintain and service your account, (3) to verify you, your account activity and your information, (4) to detect, investigate and report fraud, abuse or illegal use of our products and services or customer accounts, (5) to provide customer service, (6) to provide advertising and marketing to our customers and (7) to measure our marketing campaigns and to audit consumer interactions.
- Colorado, Connecticut and Utah Resident Notices
If you are a resident of Utah, Colorado, or Connecticut, you have certain rights and choices you should know about:
Notice at Collection: You have a right to receive notice of our practices before or when we collect your information, including the categories of information and sensitive personal information collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this policy under the headers above.
Right to Know: You have a right to see the information we have collected about you. You may request your information by contacting us at using the email address tied to your account. You also have a right to request additional information about our collection, use, disclosure, selling or sharing of such information. You can find those details in this policy under the headers above.
Rights to Request Correction or Deletion: You also have rights to request that we correct inaccurate information about you or delete your information. You can log into your profile to update your information or delete your data at any time by logging into your account or by contacting us at firstname.lastname@example.org using the email address tied to your account. Please note that there may be legal reasons for us to keep your data, such as if we receive a law enforcement request asking us to preserve data.
Right to Opt-Out/Right to Limit Use and Disclosure of Sensitive Personal Information: You have a right to opt-out from the “sale” or “sharing” of your personal information.
We do not sell or share the personal information of children or teens.
Right Against Discrimination: We will never discriminate against you for exercising these rights.
You may designate, in writing or through a power of attorney, an authorized agent to exercise these rights on your behalf. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.
- Residents Of The EEA, UK, And Switzerland
If the processing of your information is subject to the European Economic Area (EEA), United Kingdom (UK), or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, your information by contacting us at email@example.com using the email address tied to your account;
- If any automated processing of your information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
- If the processing of your information is based on your consent, you can withdraw consent at any time for future processing;
- You can object to, or obtain a restriction of, the processing of your information under certain circumstances; and
- For residents of France, you can send us specific instructions regarding the use of your data after your death.
To make such requests, please contact us at firstname.lastname@example.org. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We rely on different lawful bases for collecting and processing your information. For example, with your consent or as necessary to provide the services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
If you have any questions about our data processing activities, please contact us at email@example.com
If you think that we haven’t complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.
- Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.
- Behavioral Remarketing
- Links to Other Sites
- Children’s Privacy
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
- Contact Us