Effective Date: Feb19, 2021
1. INTRODUCTION AND GENERAL TERMS
These terms apply to the use of apps and other products and services developed and/or published by NeuroTrainer, Inc. (“Company”/“we” / “us”/”our”), including without limitation Neurotrainer (the “App”), related online services (including online network play connectivity and interactivity), our websites (including, without limitation https://neurotrainer.com) (the “Website”). Together, the App and Website are referred to herein as the “Services”.
We do not use our Services to knowingly solicit information from, or market to, those under the age of 18.
If you have any questions or concerns about our policy, or our practices with regards to your personal information, or if you want to exercise your right to object to the processing of your personal data, you can contact us at at firstname.lastname@example.org.
What information we may collect about you;
How we will use information we collect about you;
Whether we will disclose your details to anyone else; and
Your choices and rights regarding the personal data we hold about you.
The Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal data that you submit or which is collected by cookies and other tracking technologies while using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.
2. INFORMATION WE MAY COLLECT ABOUT YOU
Personal information you disclose to us
We collect personal information that you or your organization voluntarily provides to us when registering at the Services or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or Apps (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services or Apps, the choices you make and the products and features you use. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
We may collect and process the following personal data from you when you use our Services (together, the “Services Information”):
Information that may be provided by you when using an App (“Submitted Information”)
- Birth year
- Primary and secondary sports of interest
- Zip code
- Your physical demographic information (including your gender and your dominant hand/foot)
- and Audio preferences
Information that may be provided by you when you contact us for support (“Contact Information”)
- Your name
- Your email address
Information that may be provided by you when you make a purchase (“Payment Data”)
Information automatically collected
We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.
Information about your activities (“Analytics”)
We may collect technical information about your use of our Services through the use of tracking technologies and analytics. Personal data we may collect in this way includes the following:
- Your IP address and MAC address;
- Your user/account ID with us;
- Device country;
- Time, date and install source of your App download/usage;
- Session start, duration and end timings;
- Identifying information about crashes and defects;
- Device information (e.g. device type, device unique ID and browser);
- Session results, progress and timings; and
- System, browser and device settings and information (including make, model and operating system of your device, device properties such as orientation, Apps played, country, language and locale settings);
- ‘Events’ related to your App usage and workout sessions using our Apps, such as your achievement of a milestone and the occurrence of other particular events during your Game usage (such as session durations, completing a tutorial, workout level/type used, menu/navigation usage, accuracy in the workout, playlist choices) which allows us to us to provide a customized experience for each user and also to provide the user with historical data that is presented in the graphs and leaderboards that appear in the App.
- This also includes the use of ‘cookies’ and similar technologies as further detailed below.
User-generated content and information hosted and displayed in our Services (“User Content”)
In some cases, participation in Leaderboards may be optional. However, in some Services, Leaderboards may be posted automatically and can be a significant or essential part of the gameplay and user experience. Please be aware that it may not be possible for us to turn off this type of User Content functionality for you within the Service without affecting your user experience.
We cannot control the wider dissemination via the public internet of personal data that you may choose to post, or make available, in User Content or Leaderboards.
Cookies and similar technologies
We use the following cookies from third party vendors when conducting our Analytics and for our other data processing activities set out in this policy, on the Website. You can find out more information about the vendor’s processing activities through the links provided:
Cookie or SDK Name / Title – Google Analytics
Description – Google Analytics is a service offered by Google that generates detailed statistics about a website’s traffic and traffic sources and measures conversions and sales.
Link (for more information and/or to control your ad preferences)
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. To opt out of being tracked by Google / Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
To opt out of being tracked by advertising providers you can access a general opt out at http://www.networkadvertising.org/managing/opt_out.asp
3. WHY WE COLLECT INFORMATION ABOUT YOU
We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
To provide the Services to you
We process information about you to facilitate account creation, the logon process, and account management. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract and to keep your account in working order.
Where we process your personal data for Leaderboards, or other User Content, in our Services, we also rely upon our legitimate interests as a legal basis for undertaking that processing, being our commercial interests in providing an enhanced experience in our Services (though, depending on the nature of our particular Service, the Leaderboard or User Content may be a part of the core functionality of the Service).
We do not actively collect special category data, such as health data, about you and we do not create information about your presumed health status.
To enable purchases
If you make purchases through the Services (where we may make that functionality available), your order and certain Services Information (such as, without limitation, your Contact Information if you contacted us, and certain Analytics information) may be processed so that you can access these features within the Service.
To respond to your inquiries and requests for support
To better engage current users
We may process certain information (including Submitted Information and certain Analytics) to encourage engagement from our Game users and to notify them of new recommendations, services, virtual items or other promotions on offer (where we may make these available), to request feedback, or to send administrative information. We process this information on the basis of our legitimate interests, being our commercial interests in improving the success of our Apps and user engagement with our Apps
We may also send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
To prevent fraudulent or illegal activity
We may also process your Services Information to respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To help us to improve the Services and help us fix any problems
We may process information about you (being certain of the Submitted Information and Analytics) so that we can analyze and improve our Services and also for us to develop new Services or new parts thereof.
This processing is necessary for us to pursue our legitimate interests, being our commercial interests of: (i) ensuring that our Services function properly so that you and other users have the best experience when, for example, playing the Apps and using the other Services; (ii) improving the quality of our Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Services.
To help us to understand your usage of the Online Services
We may process information (being the Services Information or any part thereof) to understand how users use our Services, and to compile statistical reports regarding that activity, as well as understanding how users progress within a particular Service such as an App. This processing is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Services, understanding and fixing problems and to improve our future products and services.
We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
To keep you up to date
Where you have consented, or where it is otherwise lawful for us to do so, we may use your Online Services Information to send you emails in order to keep you informed about our news and products. You can withdraw your consent at any time by letting us know by email to: email@example.com.
4. WHY WOULD INFORMATION BE SHARED?
We may process or share data based on the following legal basis:
Consent: We may process your data if you, or your organization as your proxy, have given us specific consent to use your personal information for a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you or your organization, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Enforcement: We may also disclose your personal data to third parties (e.g. gaming platform operators, game console manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of Neurotrainer, our customers or others.
Digital Content Stores: Where our Game is downloaded through a third party store service such as (without limitation) Steam or Oculus, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-Game payments made through these platforms.
5. WHO WILL YOUR INFORMATION BE SHARED WITH?
We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
- Advertising, Direct Marketing, and Lead Generation: HubSpot Lead Management
- Allow Users to Connect to their Third-Party Accounts: Facebook account
- Cloud Computing Services: Amazon Web Services (AWS)
- Communicate and Chat with Users: HubSpot Email
- Invoice and Billing: Stripe
- Social Media Sharing and Advertising: Facebook advertising
- Web and Mobile Analytics: Google Analytics and HubSpot Analytics
6. IS AUTOMATED DECISION MAKING USED?
7. CONSUMER CONTROL AND OPT-OUT OPTIONS
We will obtain your consent to collect your information to be used for marketing purposes that require consent. If you prefer that we do not use your data in this way, let us know by writing to firstname.lastname@example.org or on the relevant forms or check-boxes that we may use to collect your data.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided at email@example.com.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
- Note your preferences when you register an account with the site.
- Contact us using the contact information provided.
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply with requests without undue delay and within one month at the latest.
Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure
You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected.
You can download a copy of your App account information by following the instructions in your account settings (where this functionality is made available). Where this functionality is not available you can request a copy by emailing firstname.lastname@example.org.
We will use reasonable efforts, to the extent required by law, to comply with requests to supply, correct or delete personal data held about you on our files (and request that any third parties to whom it has been disclosed to do the same).
Object to us processing personal data about you
You can ask us to restrict, stop processing or delete your personal data if:
- You consented to our processing the personal data and have withdrawn that consent;
- We no longer need to process that personal data for the reason it was collected;
- We are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Neurotrainer or a third party, you don’t agree with that processing and there is no overriding legitimate interest for us to continue processing it;
- The personal data was unlawfully processed;
- You need the personal data to be deleted in order to comply with legal obligations; an
- The personal data is processed in relation to the offer of a service to a child.
You may be able to delete your accounts by following the instructions in your account settings, where applicable depending on the relevant Online Service. You can also request account deletion by sending an email to email@example.com.
Obtain a machine-readable copy of your personal data, which you can use with another service provider
If (i) we are processing data in order to perform our obligations to you or because you consented and (ii) that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.
If you request, we will supply you with the relevant personal data in CSV format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.
Make a complaint to a Supervisory Authority
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at firstname.lastname@example.org.
10. DATA RETENTION
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services or Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services or Apps. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at email@example.com.
We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms.
In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored or otherwise processed by us.
Please be aware that, while we make the security of our Services and your personal information a high priority, no security system can prevent all security breaches.
Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Services; the sharing of your personal information with us and any transmission is at your own risk.
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Neurotrainer, Inc believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Neurotrainer, Inc becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Neurotrainer, Inc will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
13. CONTROLS FOR DO-NOT-TRACK FEATURES
14. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
If you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.
15. DO WE MAKE UPDATES TO THIS POLICY?
Yes, we will update this policy as necessary to stay compliant with relevant laws.
16. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
All questions, comments or inquiries should be directed to NeuroTrainer at firstname.lastname@example.org. We will endeavor to respond to any query or questions within a reasonable amount of time.
You may also contact our Data Protection Officer (DPO), Patrick McKeever, by email at email@example.com, or by post to:
500 Sansome Street, Suite 615
San Francisco, CA 94111