Brainitz Privacy Policy

Brainitz LLC (“Brainitz” or “we” or “us”) is committed to protecting your privacy. We prepared this privacy policy (“Privacy Policy”) to describe our practices regarding the information we collect from users of our website, located at www.brainitz.com (referred to herein as the “Site”), and use of our related services, including without limitation any of our web and mobile applications (the “Services”) whether now or in the future. By submitting information through our Site or in connection with the Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your information in accordance with this Privacy Policy. \

Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries. In all cases, younger users should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. In order for a child to fully participate on the Site, no personally identifiable information is collected from a child until such time as verifiable parental consent is received from the child’s parent or guardian. For more information about how the Site deals with users under the age of 13, see “How we collect, use and protect children’s information” below. In order to register on our site as a user, the child’s parent or guardian must activate their account.

Types of Information We Collect. The following are the types of information about you that we collect:

Information you give to us. We receive and securely store the information you provide to us when you register for, or otherwise use, the Site or Services which such information may include but not be limited to your name, email address, phone number, address, age, gender, other demographic information, credit card information and any feedback, questions, or recommendations you provide. We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in those public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.

Information from third parties. We may receive information about you from third parties, including other users of the Site and Services. For example, if you are a current or a prospective teacher, student, administrator or other affiliate of an educational institution using our Site, that entity may provide us with your contact information and other information about you in order to enable us to provide our Services. We may add this information to other information we collect about you.

Types of Information Collected by Technology. We may receive and store certain types of information from you each time you use the Site or Services. For example, we may automatically log your browser type, language preference, precise geographic location, the date and time of your visit to the Site, any actions you take on the Site, the date and time of your visit to specific listings on the Site, your Internet Protocol (IP) address, and the website you visited before our Site. In addition, we may receive and store information about your use of the Site and Service. The technologies we use for this automatic data collection may include:

Cookies. Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Site and Services and improve your experience with our Site and Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them).You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other websites you may be required to accept cookies. The use of cookies by third parties is not covered by our Privacy Policy.

Web Beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Other. We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.

Analytics: We may use Google Analytics on our Site. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the Site. The information generated by a cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes described in this Privacy Policy.

Do Not Track. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We do not respond to browser-based “do not track” signals. Some third party sites who push content to our Site may keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.

Use of Your Data. In general, information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Brainitz uses your information: for research and marketing purposes; to facilitate the creation of your account on our network; identify you as a user in our system; to provide improved administration of our Site and Services; to improve the quality of your experience when you interact with our Site and Services; to send you e-mail notifications; to respond to your inquiries; to send promotional communications; to send upgrades and special offers related to our Services and for other marketing purposes of Brainitz or our third party companies; to make telephone calls to you, from time to time, as a part of secondary fraud protection; and to solicit your feedback. We may create anonymous or aggregated data records from your information by excluding information that makes the data personally identifiable to you (such as your name) or by compiling information about you with information from other users. We use this anonymous or aggregated data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use and disclose anonymous and aggregate data to third party companies for any purpose in our sole discretion. If you provide feedback on any of our Services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information.

Disclosure of Your Information.

Affiliates. We may share some or all of your information with any other company that directly or indirectly controls, is controlled by or is under common control with Brainitz (each an “Affiliate”), if any, in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires Brainitz or our assets, or an Affiliate or its assets, that company will possess the information we’ve collected and will assume the rights and obligations described in this Privacy Policy.

Other Disclosures. Regardless of any choices you make regarding your information (as described below), Brainitz may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Brainitz; or (b) protect or defend the rights or property of Brainitz, users of the Services, or any other party.

Disclosure to Third Parties. We may share your information with third party service providers that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); or to provide technical support. We may also share your information with any other party with your express consent.

Notice to California Residents – Your California Privacy Rights. Residents of the State of California may request a list of all third parties to which Brainitz has disclosed certain information collected in connection with the Site and Services during the preceding year for the third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at privacy@brainitz.com. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request and include the name of this Site, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Third Party Websites. We may link to or frame third party websites. Our provision of a link to or frame of any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our Site and go to another site. If we display third party websites through a frame, you are on another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content or their privacy practices. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or framed websites, or to any collection of data after you click on links to such outside websites.

Your Choices Regarding Your Information.

Choices. We offer you choices regarding the collection, use, and sharing of your information. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Use or Privacy Policy.

Changes to Information. You may change any of your information in your account by sending an e-mail to us at support@brainitz.com. You may request deletion of your 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 any information, it will be deleted from the active database, but may remain in our archives.

Security of Your Information. We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. Despite these measures, you should know that we cannot fully eliminate security risks associated with information and mistakes may happen.

Dispute Resolution. If you have any questions or concerns, please contact Brainitz by e-mail at privacy@brainitz.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Brainitz are unable to reach a resolution to the dispute, you and Brainitz will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) as set forth in the Terms of Use.

HOW WE COLLECT, USE AND PROTECT CHILDREN’S INFORMATION

Information Collected From Kids, How It’s Used, and How That Is Communicated With Parents

Some portions of the Brainitz Site and Services are primarily targeted at children and their parents and others are for users of all ages and their families. Sites and certain applications include activities or options that may collect or allow certain information from children to be entered online. Any personal information entered by a child or collected by the Site or application will be retained only as long as reasonably necessary to complete the activity or to allow the child to participate in the activity, to ensure the security of the users and our services or as may be legally required. In the event that we discover information from a child has been collected inconsistent with COPPA, that information will either be deleted or an email immediately be sent to the parent seeking their consent.

Those potential instances of collecting a child’s information is summarized below along with how and when parental notice will be sent or parental consent requested.

Registration

We ask all users for their birth dates to validate their ages. Children under the age of 13 have the option to provide limited information to begin the registration process. The parent email address is hashed and the hash is used only for the internal purpose of contacting that parent to let them know that their child has requested to register for the Site and providing the parent with a link to register the child and/or print out a Verifiable Parental Consent form to email or fax back to us. In order to fully participate and benefit from our Site registration is required. This includes the ability to view content, participate in contests, and engage in special features, among other things.

About the collection of parent email address: Consistent with the requirements of COPPA, on any child-targeted site or application, or in any instance where we ask for age and determine the user is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. We never require a child to enter more information than is reasonably necessary in order to fully participate in online activity or full use of our applications. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at privacy@brainitz.com. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

About Verifiable Parental Consent:

Email Consent. In the event the Site or Services seek to collect personal information from a child, COPPA requires that consent of a parent or guardian be requested by email. Each email will explain what information is being collected, how it will be used, how the parent can provide consent, and how the parent can revoke consent. In the event parental consent is not received within a reasonable time, the parent contact information and any other information collected from the child in connection with that activity will be deleted.

Verifiable Parental Consent. No personal information collected from a child will be posted publicly without the receipt of a higher level of consent from the parent. Such “high-level” methods of consent include but are not limited to asking for a credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax.

Geolocation Data

If a Site or Services collects a child’s geolocation information that is specific enough to equate to the collection of a street address, parental consent will be requested via email.

Persistent Identifiers

Certain information may automatically be collected, both to make the Site and Services more interesting and useful to children and for various purposes related to our business. Some of the information that may be collected includes the type of computer operating system, the user’s IP address or mobile device identifier, the web browser, the frequency with which the user visits various parts of our sites or applications, and information regarding the online or mobile service provider.

When Information Collected From Children Is Available To Others

In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:

- We may share information with the registered teacher(s) or other academic official(s) connected to each child’s account on our Site in connection with ongoing academic instructional activities relating to each child. Such information may include the child’s first name (and last name as necessary to distinguish among students in the same group), activity on the site and performance in such activities.

- We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.

- We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

Parental Choices and Controls

At any time, parents can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service.

Parents/guardians of children under the age of 13 can print out and mail or fax us a signed form that allows them to review any personally identifiable information collected with their permission, about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. You can view / download the form. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian. In any correspondence such as e-mail or mail, please include the child’s username and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.

CHANGE TO THIS PRIVACY POLICY

This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to this Privacy Policy will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. Changes to this Privacy Policy may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to such changes.

Contact Information. We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at privacy@brainitz.com or contact us at the following address:

Brainitz LLC
1225 N Weber St.
Colorado Springs, CO 80903

This Privacy Policy was last revised on June 14, 2018.