Privacy Policy
Last updated: March 19, 2020
This Privacy Policy sets forth the policy of Brainwave Frequency, LLC (the "Company" or "Brainwave Frequency") in regard to the collection and usage of personal or corporate information that you may provide to us through using this website, or by using any product or service provided by Brainwave Frequency (the "Services"). This Privacy Policy is incorporated into and made a part of our Terms of Service, and by accepting these during registration and by using the Services, you agree to the use of your information in accordance with this Privacy Policy. We may revise this policy from time to time, and will post the most current version on the Services. If a revision meaningfully reduces your rights, we will notify you using the email provided by you.
Brainwave Frequency complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Brainwave Frequency has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
I. INFORMATION WE COLLECT
We collect "Non-Personal Information" and "Personal Information." Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. "Personal Information" is information which can be used to identify you as an individual; at present, this includes your email, address, billing information, company and identity information and any other information which you submit to us through the registration process for the Services.
1.1. Information Collected via Technology.
In an effort to improve the quality of the Services, we track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the "referring URL"), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user's browser from our servers and are stored on the user's computer hard drive. Sending a cookie to a user's browser enables us to collect Non-Personal information about that user and keep a record of the user's preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to store the following information: session data, email address, username, and preferences. Brainwave Frequency may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
1.2. Information You Provide Us By Registering for an Account.
In addition to the information provided automatically by your browser when you visit the Services, to become a subscriber to the Services you may need to provide us with Personal information we use to populate that profile. By registering, you are authorizing us to collect, store and use your email address, and other such information you provide during registration, in accordance with this Privacy Policy.
If you use an external application account (like Google) to sign in to the Services, we will collect and store your user ID. The privacy practices of these external applications are set forth in their privacy policies, and Brainwave Frequency has no control over the uses of your ID by such parties.
1.3. Information You Send to Other Users.
This Privacy Policy only addresses the use and disclosure of information we collect from you. If you disclose your information to other parties using the Services, different rules may apply to their use or disclosure of the information you disclose to them. Since the Brainwave Frequency does not control the privacy policies of third parties, or other individuals' actions, you are subject to the privacy policies of that third party or those individuals. We encourage you to be sure the recipients are authenticated to your satisfaction before you send them any documents or sensitive information.
II. HOW WE USE AND SHARE INFORMATION
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.
We maybe share Personal Information with vendors who are performing services for Brainwave Frequency, (such as the servers for our email communications who are provided access to user's email address for purposes of sending emails from us; authentication systems, and fraud detection). We may share Personal Information such as your name, billing address, and credit card number with vendors who assist us with payment processing. Our vendors are contractually obligated to use your Personal Information only at our direction and in accordance with our Privacy Policy.
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
Brainwave Frequency will offer individuals the opportunity to choose (opt out) whether their personal information is to be used for any purpose other than what it was collected for.
We also may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, UserID history, fraud complaints, and usage history, without a subpoena, in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred or examined during the due diligence process. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Services periodically if you are concerned about how your information is used.
Brainwave Frequency may be liable for the appropriate onward transfer of an EU individual's data to third parties.
II. HOW WE PROTECT INFORMATION
3.1. Security.
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. In addition, while we take reasonable measure to ensure that other entities who provide us with payment processing services keep your information confidential and secure, such entities' practices are ultimately beyond our control. By using our Services, you acknowledge that you understand and agree to assume these risks.
3.2. Data Integrity.
Brainwave Frequency will use Personal Information only for purpose of delivering the Services. If this practice should change in the future, we will update this policy to identify all non-agent third parties and provide opt-out or opt-in, as appropriate choice.
3.3. Access.
Brainwave Frequency acknowledges the right of individuals to access their personal information. Further, Brainwave Frequency will allow the individual to correct, update, or delete information. Individuals who wish to make an access request or remove personal information from our records, or if you have any questions in regard to this policy or believe that Brainwave Frequency has not complied with the provisions of this policy, should direct such a request to Brainwave Frequency Support at the address provided below or by sending an email to us at info@brainwavesapp.com.
Brainwave Frequency, LLC
333 SE 2nd Ave.
Portland, OR
97214
3.4. Enforcement.
In compliance with the EU-US Privacy Shield Principles, Brainwave Frequency commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact Brainwave Frequency at info@brainwavesapp.com.
Brainwave Frequency has committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a last resort binding arbitration option may be available before a Privacy Shield Panel.
Brainwave Frequency is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).