BrainHQ and Posit Science Privacy Policy

Updated: August 29th, 2013

This privacy policy (“Privacy Policy”) explains how your personal information is collected, used, and disclosed by Posit Science Corporation’s (“Posit Science,” “we,” “us,” or “our”). This Privacy Policy applies to users of Posit Science’s websites with links to this Privacy Policy, including positscience.com (the “Sites”), and our BrainHQ web, mobile, or tablet applications (“Apps”). This Privacy Policy does not apply to any other websites, applications or services that do not display or link to this Privacy Policy or that display or link to a different privacy policy. “Personal Information” means information that allows someone to identify or contact you, including for example your name, address, telephone number, and email address. “Anonymous Information” means data that is not associated with or linked to your Personal Information; Anonymous Information does not, by itself, permit the identification of individual persons. Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meanings given to them in the BrainHQ Terms and Conditions brainhq.positscience.com/termsandconditions (the “Terms and Conditions”).

By registering with us or using our Site, App, and/or the BrainHQ exercises and services offered through the Site or App (collectively, the “Offerings”), you expressly consent to the information handling practices in this Privacy Policy, including with respect to your Teen Driver, if any, who is participating in the InGear program. If you reside outside the United States, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.

  1. Information that We Collect
    1. Personal Information that You Provide to Us. We collect Personal Information, as described below.
      1. When you register for an Account on one of our Sites or Apps, we collect your name, e-mail address, e-mail preferences, and password for your Account. You may also provide us additional information on an optional basis in connection with your Account and/or your use of our Sites, Apps, Offerings, or Site Content such as your year of birth , gender, and years of education.
      2. If you register for the InGear program, we also collect your and your Teen Driver’s name, email address, address, phone number, date of birth, driver’s license number, and insurance policy and/or membership number.
      3. If you choose to add information to your user profile, we will collect that information, such as your year of birth and geographical location.
      4. When you choose to participate in a survey, we may collect your name, e-mail address, state of residence, ZIP code, phone number, age, gender and/or other requested information.
      5. When you give us Feedback (including by filling out a Feedback form), we may collect any information that is contained in your Feedback.
      6. When you contact us by sending us an e-mail, fax, or letter, we collect your e-mail address, fax number, or mailing address, and any information contained in the e-mail, fax, or letter you send us.
      7. When you pay for any Offering, or other goods or services offered for purchase on our Sites or Apps, we collect your name, phone number, e-mail address, mailing address, billing address, and complete credit card or other payment method information that enables us to receive your payment
    2. Training Record and Offering-Specific Information
      1. Your Training Record. Your training record includes your user name and user profile, actions, connections to other users, dates that you accessed the program, program performance, score, levels achieved, and other training achievements (collectively, the “Training Record”). This Training Record is automatically created for every user of an Offering. The Training Record, along with your user name and user profile, is used to identify you as a user of an Offering and certain portions of your Training Record as designated therein are visible to your Friend Network.
      2. Offering-Specific Information. Offering-specific information includes information about your use of a specific Offering, including your Training Record, the device used to access the Offering, features used, total online training sessions and duration, and IP address (collectively, “Offering-Specific Information”). We use Offering-Specific Information to understand your use and preferences with respect to the applicable Offering and to improve the Offerings.
    3. Invite a Friend. If you choose to use our “invite a friend” service to tell a friend about our Sites, Apps, or our products or services or to invite a friend to participate with you in an Offering, we will ask you for your friend's name and email address. We may offer you the option of logging into and using a third party service, such as Facebook, to provide your friends’ names and email addresses. We will automatically send your friend a one-time email inviting him or her to visit or use the Sites, Apps, or Offerings, as applicable. Posit Science stores this information for the purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at customerdelight@positscience.com to request that we remove this information from our database.
    4. Information Collected via Technology. We collect information through technology as described below:
      1. As you use our Sites, Apps, Offerings, or Site Content, some information may also be collected passively, including your Internet protocol (“IP”) address, browser type and plugins, operating systems, screen size and resolution, and access time. When you use the Offerings, Apps, or Sites, we may collect information on which pages or portions of the pages you click on.
      2. Like many websites we use “Cookies” and other standard web technology to collect information for our own use. A “Cookie” is a small data file that we transfer to your computer’s hard disk for record keeping purposes. We may use session Cookies (which expire once you close your browser) or a persistent Cookie, which remains on your computer’s hard drive for an extended period of time.
      3. We may collect information using Email beacons. Email beacons are electronic images that may be used in our emails. We use Email beacons to tell if an email has been opened and acted upon.
  2. Use of Information
    1. We use your Personal Information to respond to requests that you make, to personalize your online experience on our Sites, Apps, and Offerings, secure your Account on our network, and provide and improve our Sites, Apps, Offerings, Site Content, and our services.
    2. We track IP addresses in conjunction with session Cookies on your computer to analyze our web page flow and to keep track of your session information. We also use IP addresses to determine your approximate geographic location. We set a persistent Cookie on your computer to store your password if you choose “auto login”, so you don't have to enter it more than once. Most web browsers accept Cookies by default, but allow users to reject Cookies by changing the browser preferences. If you have set up your browser to reject Cookies, our Sites, Offerings, and/or Site Content will not work properly.
    3. We may use your Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us.
    4. We may create Anonymous Information records from Personal Information. We reserve the right to use and disclose Anonymous Information at our discretion.
    5. Any Feedback you provide will be governed by the Terms and Conditions.
  3. Disclosure of Personal Information
    1. Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.
    2. We may work with certain third party organizations to provide enhanced Offerings, such as “AARP Brain Fitness”, “Easter Seals”, and “AARP Stay Sharp” (“Enhanced Offerings”). If you elect to participate in such Enhanced Offerings, we may share your Personal Information with such third party organizations for their marketing purposes.
    3. From time to time, we may enter into agreements with companies that make our Apps, Sites, Offerings, Enhanced Offerings and other services available to the customers and/or the members of such companies (“Third Party Companies”). Pursuant to the terms of these agreements, we may provide such Third Party Companies access to Personal Information that we collect from their respective users for their own data processing, analytics, license management and internal business needs.  If you have obtained access to our Offerings, Enhanced Offerings, Apps or services via a Third Party Company, we may share your information with such Third Party Company in accordance with this Section 3(C).  The privacy policies of these Third Party Companies may apply to the use and disclosure of your Personal Information that we collect and disclose to such Third Party Companies.  Because we do not control the privacy practices of Third Party Companies, you should read and understand their privacy policies.
    4. If you registered for the InGear program as a parent or guardian or a Teen Driver, we may provide to the designated auto insurer your and your Teen Driver’s name, phone number, email address, address, date of birth, driver’s license number, and insurance policy and/or membership number, and information regarding how much training the Teen Driver has completed through our Offerings (for example, whether he or she has started or finished a particular Offering or the hours milestones completed). We may also disclose the Teen Driver’s progress on the Offerings to his or her parent or legal guardian designated in the registration.
    5. We may provide your Personal Information to third party service providers who work on behalf of or with us to provide our Sites, Apps, Site Content, or Offerings. However, these service providers are obligated to use your Personal Information only to provide services to us and not to disclose your Personal Information (except pursuant to a legal requirement such as a subpoena or warrant).
    6. We may share some or all of your Personal Information with any parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in which case we will require them to honor this Privacy Policy.
    7. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
  4. Law Enforcement Compliance. We may be required by law, or by law enforcement officers acting under the color of law, to record some or all of your communications on or through the Sites, Apps, and/or Offerings. We may, and you hereby authorize us to, disclose your Personal Information (including your Account information) and your communications through the Sites, Apps, and/or Offerings, if required by law or by law enforcement officers acting under the color of law, or if we believe in good faith that disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to protect and defend the rights, property or safety of us, our Affiliates, other users, or you; or (c) to investigate any violation or potential violation of the law, this Privacy Policy, the Terms and Conditions, or any other agreements between you and Posit Science.
  5. Your Choices Regarding Your Personal Information
    1. We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us or our Sites or Apps, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive.
    2. Despite your indicated e-mail preferences, we may send you administrative e-mails regarding our Sites, Apps, Offerings, or Site Content, including Account creation confirmation, and notices of material changes to our Terms and Conditions or this Privacy Policy.
    3. You may change the email address, password and preferences you submitted for your Account at any time by contacting Posit Science as described below. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.
  6. Regarding Children. We do not intentionally gather Personal Information about users who are under the age of 13.
  7. Third Party Websites, Products, Services, Content, and Links. Please be aware that the terms of our Privacy Policy do not apply to third party websites, products, services, or content or to links provided for the foregoing on our Sites or Apps. Third party providers of such third party websites, products, services, or content, may collect (via tracking technologies like Cookies or web beacons) and use information regarding your interaction with the third party website, product, service, or content that they deliver and with which you interact.
  8. Security. We make reasonable efforts to protect your Personal Information, but no company, including Posit Science, can fully eliminate security risks connected to handling information on the internet. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND POSIT SCIENCE DOES NOT AND CANNOT GUARANTEE THAT YOUR PERSONAL INFORMATION WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR SITE AND APP MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT POSIT SCIENCE DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS (SUCH AS HACKERS) MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SITES, APPS, OR YOUR PERSONAL INFORMATION. Furthermore, we cannot be responsible for any of your Personal Information that you release on your own, or that you request or authorize us to release.
  9. Protected Health Information. "Protected Health Information" or "PHI" means "individually identifiable health information" that we create or receive as a "business associate" of a health insurance plan or other "covered entity," as those terms are defined in the privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Notwithstanding anything to the contrary in this Privacy Policy, Posit Science will use and disclose your PHI only as permitted by those rules and other applicable law.
  10. Amendment. This Privacy Policy may be amended by Posit Science from time to time. If we make material changes to this Privacy Policy, we will notify you by posting the revised Privacy Policy on our Sites or notifying you at your primary email address (if any, as specified in your Account information). You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Privacy Policy will be effective immediately for new users of our Sites, Apps, or Offerings; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on our Site. Your continued use of our Sites, Apps, any Offering, or Site Content thirty (30) calendar days after the changes are first notified by Posit Science as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your Account and cease using the Sites, Apps, all Offerings, and the Site Content. Except as otherwise provided in this Section, no amendment to this Privacy Policy will be valid.
  11. Contact Information. If you have any questions about this Privacy Policy, please contact us by e-mail at customerservice@positscience.com or by writing to us at Posit Science Corporation, 77 Geary Street #303, San Francisco, CA 94108, in each case marking the message “Attention: Privacy Policy.”