Brain Technologies Privacy Policy

Last Updated: [December 13, 2023]

ABOUT

Brain Technologies, Inc. (“Brain,” “we,” “us,” and “our”) provides AI-powered products and services. This Privacy Policy is designed to help you understand how we collect, use and share your personal information and to assist you in exercising the privacy rights available to you.

SCOPE

This Privacy Policy applies to personal information processed by us in our business, including on our website, our mobile applications, our Natural AI generative operation system service, our Imagica.ai no code app creation service, and related online and offline offerings. To make this Privacy Policy easier to read, our website, mobile application, and related offerings are collectively called the “Services.”

PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with our Services.

Information You Provide to Us

Account Information. When you create an account with us, we will collect personal information such as your name, email address, address, and phone number.

Interactions with the Services. We collect and retain information about your use of the Services. For example, when you use Imagica to create an app, we collect information about your configuration of the app, including the prompts you select. When you make a voice request to the Services asking Brain to search for products and services on the Internet or complete transactions on your behalf, we may record and store the personal information and details associated with your interaction, including audio recordings of your communications with the Services. In some cases, Brain employees and service providers may review these audio recordings.

Purchase Information. If you use the Services to make a purchase with a third-party merchant (“Third-Party Merchant”), we will record the personal information and details associated with the transaction. This includes, but is not limited to, the items you purchase, your billing and shipping address, and payment information. Please note that we use a third-party service provider to collect payment information. Brain does not directly collect or store any payment information, but it may receive information associated with your payment information (e.g., your billing details).

Your Communications with Us. We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, or otherwise communicate with us.

Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

Interactive Features. We may offer interactive features such as review forums, blogs, and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the personal information provided by you may be viewed and used by third parties for their own purposes.

Customer Service and Support. If you call or otherwise interact with Brain’s customer service and support, we may collect the information you provide to our representatives.

Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in Brain and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.

Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

Job Applications. We may post job openings and opportunities on the Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and process the information contained therein to assess your suitability, aptitude, skills, and qualifications for employment with Brain.

Information Collected Automatically

Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and information about how you interact with and use the Services.

Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third parties that may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

Cookies. Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Analytics. We may use service providers to collect and process analytics information on our Services.

Google. We may use Google Analytics and Google Firebase for analytics services. For more information about how Google uses data , please visit www.google.com/policies/privacy/partners/. You can opt out of Google Analytics’ collection and processing of data generated by your use of our website by going to http://tools.google.com/dlpage/gaoptout.
UX Cam. We may use UXCam, which is an analytics solution. UXCam may record: screens visited, interaction patterns (such as screen actions, gestures: taps, scrolls) and device details (type, version, model, operating system). We use the information collected by UXCam to improve our Services. For more information about the data collected by the UXCam service, please see UXCam’s Privacy Statement.

Information from Other Sources

Third Party Services and Organizations. We may obtain information about you from other sources, including from third party services and organizations. For example, if you access our Services through a third-party service, we may collect information about you from that third-party service that you have made available via your privacy settings.

HOW WE USE YOUR INFORMATION

We use your personal information for a variety of business purposes, including:

To Provide the Services or Information Requested, such as:

Fulfilling our contract with you;
Responding to questions, comments, and other requests;
Sending you a one-time text message for purposes of authentication;
Helping you receive discounts;
Comparing prices for products and services you are interested in;
Facilitating the processing of your payment card information and/or other payment methods for products and services purchased with Third-Party Merchants;
Calculating commission payments owed to Brain (as applicable);
Providing access to certain areas, functionalities, and features of our Services; and
Answering requests for customer or technical support.

Administrative Purposes, such as:

Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
Measuring interest and engagement in our Services;
Improving the Services;
Developing new products and services;
Ensuring internal quality control and safety;
Authenticating and verifying individual identities;
Carrying out audits;
Communicating with you about your account, activities on our Services and Privacy Policy changes;
Preventing and prosecuting potentially prohibited or illegal activities;
Enforcing our agreements; and
Complying with our legal obligations.

Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

De-identified and Aggregated Information Use. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

How We Use Automatic Collection Technologies. We, as well as third parties that may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:

Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.

Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

DISCLOSING YOUR INFORMATION TO THIRD PARTIES

We may share your personal information with the following categories of third parties:

Third-Party Merchants. If you use the Services to provide information to or transact with a Third-Party Merchant, the Third-Party Merchant will collect your information. In such cases, you acknowledge and agree that the information provided (including payment information) will be subject to the Third-Party Merchant’s terms of service and privacy policy. Please note that we do not control and we are not responsible for the privacy and security practices of Third-Party Merchants. Providing your information to Third-Party Merchants is at your own risk.

Service Providers. We may share any personal information we collect about you, including your voiceprint information, with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.

Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.

Affiliates. We may share personal information with our affiliated entities.

Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

YOUR CHOICES

General. You may have the right to opt out of certain uses of your personal information.

Email and Text Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy).

Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information if you use our mobile application. You may opt-out of this collection by changing the settings on your mobile device.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access the following websites and learn more about targeted advertising and consumer choice and privacy: www.networkadvertising.org/managing/opt_out.asp,
http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out in each browser and on each device.

DATA RETENTION

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. Where required by law, we will delete your voiceprint information within three years of your last interaction with the Services.

THIRD PARTY WEBSITES/APPLICATIONS

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

SUPPLEMENTAL NOTICE FOR EUROPEAN RESIDENTS

Legal Bases. If you are located in the European Economic Area or the United Kingdom, we only process your information when we have a valid “legal basis,” including as set forth below.

Consent. We may process your information where you have consented to certain processing of your information.
Contractual Necessity. We may process your information where required to provide you with our Services. For example, we may need to process your information to respond to your inquiries or requests.
Compliance with a Legal Obligation. We may process your information where we have a legal obligation to do so. For example, we may process your information to comply with tax, labor, and accounting obligations.
Legitimate Interests. We may process your information where we or a third party have a legitimate interest in processing your information. Specifically, we have a legitimate interest in using your information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

European Privacy Rights. If you are located in the EEA or the UK, you have additional rights described below.

You may request access to the information we maintain about you, update and correct inaccuracies in your information, restrict or object to the processing of your information, have your information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your information to another company. In addition, you have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

You may withdraw any consent you previously provided to us regarding the processing of your information at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
You also have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law:

You may exercise these rights by emailing us at support@brain.ai. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain personal data for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

Brain Technologies, Inc. is the controller of the personal information we process under this Privacy Policy. If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at by email at support@brain.ai or by mail at:

Brain Technologies, Inc.

2121 S EL CAMINO REAL,

Suite 900 San Mateo, CA 94403