Last Updated: 18-April-2019
Section 1 – General and Web Site Covered
Section 2 – Information Collected
brainCloud offers a variety of services that are collectively referred to as the “brainCloud Services.” brainCloud collects information from individuals who visit brainCloud’s web site (“Visitors”) and individuals who register to use the brainCloud Services (“Customers”).When expressing an interest in obtaining additional information about the brainCloud Services or registering to use the brainCloud Services, brainCloud requires You to provide personal contact information, such as name, company name, address, phone number, and e-mail address (“Required Contact Information”). When purchasing the brainCloud Services, brainCloud requires You to provide financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the brainCloud Services (“Billing Information”). brainCloud may also ask You to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About brainCloud Customers”.As You navigate brainCloud’s web site, brainCloud may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from Your Web browser (such as browser type and browser language), Your Internet Protocol (“IP”) address, and the actions You take on the Company’s Web site (such as the Web pages viewed and the links clicked).
Section 3 – Use of Information Collected
brainCloud uses Data About brainCloud Customers to perform the services requested. For example, if You fill out a “Contact Me” Web form, brainCloud will use the information provided to contact You about Your interest in the brainCloud Services.brainCloud may also use Data About brainCloud Customers for marketing purposes. For example, brainCloud may use information You provide to contact You to further discuss Your interest in the Services and to send You information regarding the Company and its partners, such as information about promotions or events.brainCloud uses credit card information solely to check the financial qualifications of prospective Customers and to collect payment for the Services.brainCloud uses Web Site Navigational Information to operate and improve its Web site. brainCloud may also use Web Site Navigational Information alone or in combination with Data About brainCloud Customers to provide personalized information about the company.
Section 4 – Rights to Access, Rectification or Erasure, Restriction and Objection, of Processing
You have the right to access, rectification, opposition, erasure (“right to be forgotten”), and right to the restriction of processing of Your personal data by directing any such requests to brainCloud. In order to make things easier for You, and without prejudice to the legal requirements brainCloud must comply with under the laws, brainCloud allows You to exercise the above-mentioned rights by opening a support ticket via the Help Centre. Send a request via firstname.lastname@example.org or click the Chat widget at the bottom of any page.
Section 5 – Collecting, Processing and Retention of Data
Section 6 – Web Site Navigational Information
brainCloud uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as You navigate its Web site (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information that may be collected on brainCloud’s Web site and how this information may be used.
Web Beacons – brainCloud uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the company’s Web site and interaction with e-mails from the company. Web beacons are clear electronic images that can recognize certain types of information on Your computer, such as cookies, when You viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, brainCloud may place Web beacons in marketing emails that notify the company when You click on a link in the e-mail that directs You to one of the company’s Web sites. brainCloud uses Web beacons to operate and improve the its Web site and e-mail communications.brainCloud may use information from Web beacons in combination with Data About brainCloud Customers to provide You with information about the company and the brainCloud Services.
Flash Cookies – brainCloud may use local shared objects, also known as Flash cookies, to store Your preferences or display content based upon what You view on our site to personalize Your visit. Third parties, with whom the Company partners to provide certain features on our site or to display advertising based upon Your Web browsing activity, use Flash cookies to collect and store information.Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by Your browser will not remove Flash cookies.
Section 7 – Public Forums, Refer a Friend, and Customer Testimonials
brainCloud may provide bulletin boards, blogs, or chat rooms on its Web site. Any personal information You choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send You unsolicited messages. brainCloud is not responsible for the personal information You choose to submit in these forums.brainCloud may post a list of Customers and testimonials on the company’s Web site that contain information such as Customer names and titles. brainCloud obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.Section 8 – Sharing of Information CollectedbrainCloud may share Data About brainCloud Customers with the company’s service providers so that these service providers can contact Customers and Visitors who have provided contact information on our behalf. brainCloud may also share Data About brainCloud Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this privacy statement, brainCloud does not share, sell, rent, or trade any information provided with third parties for their promotional purposes.From time to time, brainCloud may partner with other companies to jointly offer products or services. If You purchase or specifically express interest in a jointly-offered product or service from brainCloud, the Company may share Data About brainCloud Customers collected in connection with Your purchase or expression of interest with our joint promotion partner(s). brainCloud does not control our business partners’ use of the Data About brainCloud Customers we collect, and their use of the information will be in accordance with their own privacy policies. If You do not wish for Your information to be shared in this manner, You may opt not to purchase or specifically express interest in a jointly offered product or service.brainCloud uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on brainCloud’s behalf.brainCloud reserves the right to use or disclose information provided if required by law or if brainCloud reasonably believes that use or disclosure is necessary to protect the company’s rights and/or to comply with a judicial proceeding, court order, or legal process.
Section 9 – International Transfer of Information Collected
To facilitate brainCloud’s global operations, the Company may transfer and access Data About brainCloud Customers from around the world. This Privacy Statement shall apply even if brainCloud transfers Data About brainCloud Customers to other countries.
Section 10 – Communications PreferencesbrainCloud offers Customers and Visitors who provide contact information a means to choose how brainCloud uses the information provided. You may manage Your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the company’s marketing emails. Additionally, You may send a request specifying Your communications preferences to email@example.com. Customers cannot opt out of receiving transactional emails related to their account with brainCloud or the brainCloud Services.
Section 11 – Correcting and Updating Your Information
Customers may update or change their registration information by logging in to their accounts at getbraincloud.com. Requests to access, change, or delete Your information will be handled within thirty (30) days.Section 12 – SecuritybrainCloud uses appropriate administrative, technical, and physical security measures to protect Data About brainCloud Customers.Section 13 – Changes to this Privacy StatementbrainCloud reserves the right to change this Privacy Statement. brainCloud will provide notification of the material changes to this Privacy Statement through the Company’s Web site at least thirty (30) business days prior to the change taking effect.Section
14 – Contacting UsIf You have questions or complaints regarding our Privacy Statement or practices, please contact us by e-mail to our privacy officer at firstname.lastname@example.org or by mail at 1309 Carling Avenue, Ottawa, Ontario, K1Z 7L3, Canada.
Acceptable Use Policy
Your use of the brainCloud Services are subject to this Acceptable Use Policy. brainCloud reserves the right to terminate Your account and cease all service if You are found to be in violation of this policy. We may change these policies at any time. It is Your responsibility to keep up-to-date with and adhere to them. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.Last Updated: 18-May-2018
Section 1 – Prohibited Content
The Content displayed and/or processed through Your Application or other web site utilizing the brainCloud Services shall not contain any of the following types of content:Content that infringes a third party’s rights (e.g., copyright) according to applicable law;Excessively profane content;Hate-related or violent content;Content advocating racial or ethnic intolerance;Content intended to advocate or advance computer hacking or cracking;Other illegal activity, including without limitation illegal export of controlled substances or illegal software;Drug paraphernalia;Phishing;Malicious content; orOther material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
Section 2 – Prohibited Actions
You agree not to, and not to allow third parties (including End Users) to use the brainCloud Service:to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others);to engage in, promote or encourage illegal activityfor any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;to interfere with the use of the brainCloud Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;to collect or store any personally identifiable information from other persons of the service without their express permission;to disable, interfere with or circumvent any aspect of the brainCloud Service; orto generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations commonly known as “spam”.