1. How we Collect and Use Personal Data
(a) Purpose. We may collect and use your Personal Data for the following purposes (the “Purposes”):
(b) General Collection. We may collect Personal Data from you and any devices that you may use when you: (i) fill out information forms on the Platform; (ii) communicate with us; (iii) communicate with Brains or other Users of the Platform; and (iv) otherwise access and use the Platform and the Services offered by Brains. Such Personal Data may include, without limitation:
(d) Google Analytics. We may use Google Analytics in order to better understand the user experience on our Platform, including without limitation: (i) how you reached our Platform; (ii) the website you came from; (iii) how long you stayed on our Platform; (iv) what pages you looked at; (v) how many pages you looked at; (vi) what buttons you clicked; (vii) what browser you are using; and (viii) what device you are using.
Our use of Google Analytics is governed by the Google Analytics Terms of Service located at: https://marketingplatform.google.com/about/analytics/terms/us/. If you do not wish to participate in Google Analytics, you may download the Google Analytics opt-out browser add-on located at https://tools.google.com/dlpage/gaoptout.
2. Grounds for Processing Personal Data
“Process” or “Processing” means any action that a person can take with respect to Personal Data, including without limitation, collecting, using, sharing, and altering Personal Data.
We will not process your Personal Data without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied. The type of consent we may rely on in processing your Personal Data will vary based on your reasonable expectations, the sensitivity of your Personal Data, and the circumstances surrounding the collection of your Personal Data. Express consent is when you willingly agree (e.g., orally, in writing, or electronic agreement) to the processing of your Personal Data for particular purposes. Implied consent is when: (a) you do not expressly give consent, but you rather volunteer Personal Data for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your Personal Data being processed for specified purposes, and you do not opt-out.
If you are an individual to whom the General Data Protection Regulation (“GDPR”) applies, we may process your Personal Data on either of the following grounds, in addition to any other grounds that may be available pursuant to applicable law:
(a) Consent. Where you have given us consent through a statement or clear affirmative action agreeing to the processing of your Personal Data. For instance, through you submitting your Personal Data on a form on our Platform for a specified purpose.
(b) Legitimate Interests. Where the processing of Personal Data is based on our legitimate interests, provided that these do not override your own interests and fundamental rights. We have legitimate interests in the following: (i) to properly operate and deliver our Platform to you; (ii) to understand how users engage with our Platform; (iii) to improve our Platform; (iv) to market our Platform; and (v) to provide customer service, including but not limited to, responding to inquiries and feedback.
3. Disclosure of Personal Data
(b) Service Providers. We may provide your Personal Data to third party service providers in order to help us achieve the Purposes and operate our Platform. For example, we may use third party service providers to help us process payments, analyze usage of our Platform, track the effectiveness of our marketing strategies and communications, assist with the prevention, detection and investigation of potentially illegal acts and security breaches, collect and process error and crash reports, and store data. These third parties are authorized to use your Personal Data only as necessary to provide these services to us.
(c) Corporate Transactions. We may also disclose or transfer your Personal Data to affiliates or third parties in the event of a proposed reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements.
(d) Legal Disclosure. We may disclose Personal Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. This includes the disclosure of Personal Data where necessary for the establishment, exercise, or defense of legal claims, or as otherwise permitted by applicable law. Pick My Brain will have no liability associated with any such disclosures made in good faith.
4. Retention of Personal Data
If we use Personal Data to make a decision that directly affects you, we will retain that Personal Data for at least one year, so that you have a reasonable opportunity to request access to it. Subject to the foregoing, we will retain your Personal Data only as long as necessary to fulfill the Purposes and to comply with applicable law. We will delete or anonymize the Personal Data once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of our disposal of Personal Data.
5. Security of Personal Data
We protect your Personal Data using security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We encourage you to also take steps to protect Personal Data by, for example, closing all web browsers after using the Platform.
6. Rights Relating to Personal Data
You have certain rights relating to your Personal Data, subject to applicable law:
(a) Right to be Informed. To know how your Personal Data is collected, used, and disclosed. This includes the right to withdraw your consent to the processing of your Personal Data at any time and the right to make a complaint.
(b) Right to Access. To receive a copy of your Personal Data.
(c) Right to Rectification. To request correction of your Personal Data.
If you are an individual to whom the GDPR applies, then you have the following additional rights relating to your Personal Data, subject to applicable law:
(d) Right to Erasure. To request the deletion of Personal Data when: (i) you believe it is no longer necessary for the purposes collected; (ii) you withdraw your consent or object to the processing of your Personal Data; or (iii) your Personal Data was unlawfully processed.
(e) Right to Restriction of Processing. To restrict the processing of Personal Data if you dispute its accuracy or object to its processing.
(f) Right to Portability. To request that your Personal Data be transferred to another organization.
(g) Right to Information about Automated Decision Making. To receive information about the basis of any automatic decision making (e.g., algorithms).
(h) Right not to be Subject to Automated Decision Making. To not be subject to decisions based solely on automated processing, unless this is necessary pursuant to a contract between you and Pick My Brain.
(i) Right to Object to Processing Activities. To object to the processing of your Personal Data based on our legitimate interests (provided in section 2(b)).
If you want to learn more about any rights under the GDPR, you can visit the European Commission’s page on Data Protection at https://ec.europa.eu/info/law/law-topic/data-protection_en.
7. Third-Party Materials
Occasionally, we may include or offer third party products, services, links and/or applications on our Platform (collectively, the “Third-Party Materials”). These Third-Party Materials are not owned, maintained, operated or controlled by Pick My Brain. If you engage any Third-Party Materials, such third-party’s privacy notices and practices will apply. We cannot guarantee the privacy or security of your Personal Data once you provide it to a third-party and we encourage you to evaluate the privacy and security policies of each such third-party before any such engagement or disclosure. Pick My Brain is not responsible for the content of such Third-Party Materials and does not make any representations, warranties or guarantees regarding the content or the privacy practices of such third parties. For certainty, Pick My Brain disclaims any liability associated with your access to, use of, download of, or reliance on, such Third-Party Materials and their content. If you decide to access, use or download any such Third-Party Materials, you do so at your sole risk.
You may opt-out of receiving any communications from us at any time by clicking “Unsubscribe” in any such communications (as applicable) or by contacting us as provided in the “Contact Us” section below.
9. Contact Us