Terms Of Service

Privacy Policy

Updated: March 27, 2013

PLEASE READ THIS PRIVACY POLICY ("POLICY") CAREFULLY BECAUSE BY USING A BRAINRUSH, INC. ("BrainRush") WEBSITE ("SITE") YOU SIGNIFY THAT YOU AGREE WITH THE TERMS OF THIS POLICY. THIS POLICY CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU REGARDING YOUR USE OF THIS SITE.

OVERVIEW

Welcome to the Site owned and operated by BrainRush, Inc. ("BrainRush"/"we").

BrainRush is committed to protecting the privacy of personal data collected at this Site from those who visit the Site or purchase or download products from this Site ("you"). Responsibility for protecting individually identifiable customer information and other sensitive personally-identifying information from inappropriate or unauthorized use or disclosure, and taking reasonable steps to ensure compliance with this Policy, is acknowledged.

This Policy explains how BrainRush collects, uses, and discloses the personally-identifying information you may provide while using this Site. We collect the information on our Site in several ways.

To fully utilize this Site, you may need to register on this Site. During registration, we may ask for information such as your name, age and e-mail address. If required, once you have submitted this information and chosen a valid password, (if necessary), you will be able to take full advantage of everything the Site has to offer. Of course, we will require credit information, as well as billing and shipping information, when you wish to make a purchase.

"Affiliate" means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to one or more of the aforementioned entities that directly or indirectly, controls, are controlled by, or are under common control of, BrainRush.

LINKS TO OTHER WEB SITES

Please be aware that the Site may contain links to other sites such as a BrainRush Affiliate, reseller, and industry-related, including business partner, sites.

While we try to link only to sites that share our high standards and respect for privacy, BrainRush is not responsible for the content or the privacy practices engaged in by other sites. The linkage is not an endorsement of any other site.

YOUR CONSENT

It is always your choice whether or not to provide personally-identifying information through this Site.

By registering on this Site, you signify your consent to BrainRush, BrainRush Affiliates, and business partners, for the collection, use and disclosure of your personally-identifying information in accordance with this Policy. By using the Site, whether or not you are a registered user, you also consent to the collection and use of non-personally-identifying information, as discussed below. Any personally- identifying information you do provide will be treated with care, and subject to this Policy, will not be used or disclosed in ways to which you have not consented. You may opt-out of certain uses and disclosures of your personally-identifying information, as explained below.

If you choose not to provide requested personally-identifying information, you will not be able to use certain features of the Site and you will not be able to engage in transactions through the Site.

PERSONALLY-IDENTIFYING INFORMATION WE COLLECT

This Site collects a variety of personal data. Personal data such as name, e-mail address, age, and other information may be collected from you in order to, among other things:

  1. respond to a request for additional information about an BrainRush product/service or about BrainRush;
  2. interact with you in a forum;
  3. permit you to download information or products from the Site;
  4. report a problem with the Site;
  5. enter a sweepstakes or contest, or register for or participate in a promotion or an event sponsored by BrainRush, a BrainRush Affiliate, reseller, business partner and/or products manufacturer.

If you send us correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect such information into a file specific to you.

When you purchase or download products from the online store area of the Site, BrainRush and/or BrainRush's ecommerce service provider(s) may collect your personal data in order to process such order(s).

FORUM DISCUSSIONS AND PROFILE

Certain activity on BrainRush may be displayed to other users, such as posts to BrainRush discussion forums or our blog, or the information on your BrainRush Profile. This information includes your username, some activity, and statistics.

You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from these areas, contact us at info@brainrush.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

GENERAL NON-PERSONALLY-IDENTIFYING INFORMATION

We sometimes collect non-personally-identifying information from visits to our Site. In general, anyone can visit our Site without telling us who he/she is or revealing any information about business or personal needs.

Although you do not register, our web servers may collect anonymous, non-personally-identifying information about you such as the Internet Protocol ("IP") address of your computer, the IP address of your Internet service provider, the date and time you accessed our Site, the Internet address of the Site from which you may have linked to our Site, the operating system you used, the sections of our Site you visited, the Site pages you read and images you viewed, and the content you downloaded from our Site. Without registration, your email address is not collected.

The Site logs IP addresses and browser information for purposes of system administration, identifying technical difficulties, evaluating traffic patterns and usage of this Site, and otherwise providing content relevant to visitors to this Site. The addresses and information may be aggregated to measure certain information, including without limitation the number of visits, average time spent on the Site, and related user practices. In general, we will use this information to measure the use of the Site and to improve the Site and the benefits that you can get from using the Site. BrainRush may display information about the behavior of Site visitors, such as displaying a list of the most popular lessons. BrainRush may display this information publicly or provide it to others. However, BrainRush does not disclose personally-identifying information other than as described in this Policy. Your non-personally-identifying information may also be disclosed to others and permanently archived for future use.

COOKIES AND OTHER TECHNOLOGIES

A technology called "cookies" may be used to provide you with tailored information. A cookie is a tiny element of data that a site can send to your browser, which may be stored in your hard drive, not on our Site. Cookies enhance the convenience and use of the Site.

For example, the information provided through cookies is used to recognize you as a previous user of the Site, to offer personalized web page content and information for your use, to track your activity at the Site, to respond to your needs, and otherwise to facilitate your Site experience.

Advertisements displayed on the Site may also contain cookies or other technologies. These advertisements may be provided by third parties, and we do not have any control over, or any responsibility or liability for, the use and disclosure of information collected through advertisement cookies.

Some cookies are "session cookies," meaning that they are deleted shortly after the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site or engage in transactions through the Site, and you may be required to reenter your password more frequently during a session.

We may use non-personally-identifying information to create aggregate tracking information reports regarding Site user demographics, Site traffic patterns, and Site purchases, and then provide those reports to advertisers and others. Tracking information in the reports is not designed to be connected to the identities or other personally-identifying information of individual users.

HOW WE USE YOUR PERSONALLY-IDENTIFYING INFORMATION; RIGHT TO OPT-OUT

Your personally-identifying information is intended to be used only by authorized BrainRush personnel to respond to order requests, verify name and address, provide account information, quotes and other sales related information, to improve our content and product offerings and to generally support your use of the Site. Personally-identifying information we collect on the Site may be used to enhance your experience, in the following ways:

  • Provide advice on how to use the Site;
  • Inform you of seminars, upcoming industry events, promotions, new product releases and features or other information of interest;
  • Confirm your product orders;
  • Deliver merchandise you purchase online;
  • Confirm your credit-worthiness and bill your credit card for your purchases;
  • Monitor, service and collect your account;
  • Customize your shopping experience;
  • Respond to your customer-service inquiries or requests;
  • Communicate special offers and featured items to you, including notices from a BrainRush Affiliate, reseller, business partner and/or products manufacturer;
  • Evaluate current and past activities on the Site;
  • Troubleshoot problems;
  • Resolve disputes; and/or
  • Enhance Site operation and efficiency.

At any time, you may stop, or change, the email and other information sent to you by: writing to info@brainrush.com;

Google, as a third party vendor, may use cookies to serve ads on BrainRush. Google's use of cookies enables it to serve ads to you based on your visits to our site and other sites on the Internet. You may learn more about the cookies and opting out by visiting the Google ad and content network privacy policy.

USE, DISCLOSURE AND TRANSFER OF PERSONAL DATA

Personally-identifying information about our customers is an important part of BrainRush's business, but BrainRush is not in the business of selling that personally-identifying information to others. We share customer information only with the parties described below:

I. DISCLOSURE TO SUPPLIERS

We may use third party suppliers and service providers to facilitate our services. For example, we may outsource the operations of one or more aspects of our Site to a supplier or service provider who performs services according to our requirements. In some instances, the service provider may collect information directly from you (such as the situation where we ask a service provider to conduct a survey for us).

In order to process transactions, we must disclose some of your personally-identifying information to certain service providers, such as to your credit card issuer or to a processing or authorization company to charge you for your purchases, and we may provide your name and address to our fulfillment house in order to ship products to you.

We endeavor to restrict, by contract, how these suppliers and service providers may access, use and disclose your personally-identifying information. In general, these suppliers and service providers agree that they will not sell your personally-identifying information to third parties. Since we want to service your business needs, we encourage our associates in business to follow privacy practices no less protective of all users than the practices we describe in this Policy.

II. DISCLOSURE IN BUSINESS TRANSFERS

We may sell or transfer some of or all of the BrainRush business. As part of that sale or transfer, we may disclose your personally-identifying information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personally-identifying information in a manner that is consistent with this Policy.

III. LAW ENFORCEMENT & LEGAL DISCLOSURE

We may disclose your personally-identifying information:

  1. to a government institution, that has asserted its lawful authority to obtain the information, and we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity;
  2. where we have reasonable grounds to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be violating the Terms and Conditions of Use of our Site or may be causing injury to or interference with, (either intentionally or unintentionally), BrainRush's rights or property, other BrainRush users, or anyone else that could be harmed by such activities;
  3. to comply with legislation such as the USA Patriot Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; or
  4. to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information;
  5. to our legal counsel, auditors, and consultants to permit them to perform professional services for us.

The disclosure of personal data as contemplated in this Policy may be to a party outside your home jurisdiction. In particular, if you are based in the European Union, data may be transferred to jurisdictions outside the European Union that may not have equivalent laws and rules to protect personal data. By agreeing to this Policy, you also consent to the transfer of your personal data as described herein.

ACCESSING, MODIFYING, OR REMOVING YOUR PERSONALLY- IDENTIFYING INFORMATION

We provide you with the means to insure that your personally-identifying information is correct and current. You can:

  • request BrainRush to update your personally-identifying information from BrainRush's records. Please send an e-mail message to info@brainrush.com, and include your full name and the email address registered to your BrainRush account in the body of the message.

PASSWORDS, PASSWORD PROTECTION

Your access to your personal account is protected by a unique password that can be chosen by you. You are solely responsible for monitoring the security of your password and your account information. We recommend that you do not divulge your password to anyone. We will not ask for your password in any unsolicited telephone call or e-mail.

DATA SECURITY AND INTEGRITY

When you provide personal data to this Site, such data is stored on secured servers, that may be located overseas, but that are protected by this Policy.

To help protect the confidentiality of your personally-identifying information, we employ security safeguards appropriate to the sensitivity of the information. Your credit card information will be protected through our use of a technology called Secure Sockets Layer ("SSL") that automatically encrypts sensitive information before being sent over the Internet. We do not store credit card information or ordering details on our Internet server. In combination with SSL, this practice increases levels of security.

No data transmission over the Internet is 100% secure. We will strive to protect your personally-identifying information, but BrainRush cannot warrant the security of any information you transmit to us and you do so at your own risk. Please keep in mind that whenever you voluntarily disclose personally-identifying information online that information can be collected and used by others. Ultimately, you are responsible for the security of your account information and maintaining the secrecy of your passwords.

ONLINE AGREEMENTS

The Terms of Service and other online agreements contain important provisions, including provisions disclaiming, limiting or excluding our liability for your use of and purchases made through the Site, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of and purchases made through the Site.

Each of those provisions applies to any disputes that may arise in relation to this Policy and our collection, use and disclosure of your personally-identifying information. They are of the same force and effect and apply to you as if they had been reproduced directly in this Policy.

FORMER USERS

If you stop using the Site or your permission to use the Site is terminated, we may continue to use disclose your personally-identifying information in accordance with this Policy, as amended from time to time. However, if you want us to stop sending you unsolicited email and other information, or you do not wish us to disclose your personally-identifying information to an BrainRush business partner or in business transactions, please notify us at info@brainrush.com.

CHANGES TO THE POLICY

BrainRush reserves the right to change this Policy, from time to time, and in its sole discretion. Any amendments we make to this Policy will apply to your personally-identifying information from the time we post the amendment on this Site. It is your responsibility to regularly check the Site for amendments to this Policy. You agree to be bound by amendments when posted on this Site.

RECOURSE/CONTACT US!

If you have any questions, comments, complaints or concerns or require more information about this Policy, about how BrainRush manages personal data or responds to complaints, or about how personal data is being used, please contact us at info@brainrush.com