Introduction

This Privacy Policy (Policy) describes how Brainland and its affiliates collect, use, and disclose your Personal Information when you visit the Brainland website (Website) and use our mobile application (App). Any capitalised terms referred to within this Policy that are not defined have the meaning provided in the Brainland Terms and Conditions, available on our Website or App.

Commitment to privacy

Brainland is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth), and any other privacy legislation that may apply in the jurisdiction in which you use our Website or App (Applicable Laws). The object of the APPs is to protect the confidentiality of personal information and the privacy of individuals by regulating the way in which personal information is managed through our Website and our App. This Policy applies to all of the products, services, applications, and websites offered by Brainland (collectively, Services) accessed by you.

What is "personal information"?

The Privacy Act currently defines “Personal Information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. If information does not disclose your identity or enable your identity to be ascertained, it will, in most cases, not be classified as “Personal Information” and will not be subject to this Policy. Personal Information can include “health information” and “sensitive information.”

Brainland is committed to protecting the Personal Information it collects and regularly monitors its systems and procedures to ensure compliance with the APPs and this Policy. This Policy outlines the way in which Brainland deals with the Personal Information it collects.

We are not responsible for the privacy practices of any third-party websites that may be linked on our Website or within the App.

What information do we collect and why?

The Personal Information that we collect and hold about you depends on your interaction with us. When you visit the Website or access our App, we will collect, use, and hold your Personal Information if it is reasonably necessary for or directly related to the performance of our functions and activities. Generally, we collect certain information about your device, your interaction with the Website and App, and information necessary to process your Subscription. We may also collect additional information if you contact us for customer support. See the list below for more information about what Personal Information we collect and why.

Device information:

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Website.

• Purpose of collection: to load the Website accurately for you and to perform analytics on Website usage to optimize our Website.

• Source of collection: collected automatically when you access our Website using cookies.

Brainland also collects Personal Information that is reasonably necessary for or directly related to the functions of the App.

The Personal Information we may collect include:

• Your name;

• Your address;

• Your date of birth;

• Your email address;

• Your phone number; and

• Website, App, and service use information.

We also collect your Personal information for the purposes of:

• Providing you with promotional material and information about other goods and services that we, our related entities, and other organisations that we have affiliations with offer that may be of interest to you;

• Facilitating our internal business operations, including the fulfilment of any legal requirements;

• Analysing our products, services, and customer needs for research purposes or with a view to developing new or improved products and services.

By using our Website, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information directly from you, and if it is material of a type that you would reasonably expect to receive from us. We do not use sensitive information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

How we collect your personal information

We may collect Personal Information from you whenever you input such information through our Website or App. Personal Information will generally be collected directly from you through the use of our standard forms, over the internet via accessing our Website or App, via email, through a telephone or in-person conversation with you, or through video recordings of your use of our Website or App. There may, however, be some instances where Personal Information about you will be collected indirectly because it is unreasonable or impractical to collect Personal Information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

If the Personal Information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the products or services you, or they, are seeking. You can always choose to deal anonymously (or by providing a pseudonym), however, this may impact our ability to provide you with the services you are seeking.

Website, apps, cookies and beacons

Our Website and App may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Brainland is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each website that collects Personal Information.

Our Website and App may use web beacons from time to time. Web beacons or clear gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. When you visit the Website or log in to the App, certain information may be collected such as browser type and operating system.

We also collect Personal Information via cookies from your computer, which enables us to identify when you use the Website and App and also to help customize your experience. As a general rule, however, it is not possible to identify you personally from our use of cookies, but they may link back to a database record about you.

A cookie is a small amount of information that is downloaded to your computer or device when you visit our Website or log in to our App. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you do not have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it is their first time visiting or if they are a frequent visitor.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience, and parts of our Website or App may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage, or filter cookies, can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties, such as our advertising partners.

We also use Google Analytics to help us understand how our customers use the Website. Google Analytics anonymously tracks how users interact with the websites, including where they came from, what they did on the websites, and whether they completed any transactions on the websites. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising through:

• Facebook – https://www.facebook.com/settings/?tab=ads.

• Google- https://www.google.com/settings/ads/anonymous.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Use and disclosure

Brainland will use your Personal Information for the primary purpose for which it is collected, which generally includes the following purposes:

• During the provision of the App or Services that have been requested by you;

• Administering clinical trials or other similar programs in which you agree to be involved;

• Compliance with regulatory requirements, such as maintaining a record of medical queries, complaints, adverse events, and recalls relating to our products.

We may also use your Personal Information to:

• Provide you with updated product or safety information with respect to the App and Services;

• Send you material on our activities and products or developments that Brainland believes may be of interest to you (although if you are a subscriber, we will not do so without your consent);

• Respond to your requests for information, product services, including managing your online accounts and providing warranty service where this applies to products;

• Provide you with general health information, where this is permissible, such as information about certain health conditions related to concussions, as well as information about our products and services;

• Resolve or track the status of all problems with consumers and/or products or services;

• Manage, plan, and arrange meetings between you and Brainland representatives;

• Generate customer lists for the purposes of market research;

• Conduct general research for the purposes of advancing science, our products, and/or services;

• Manage accounts and ensure that we receive payment for our Services;

• Verify your age or identity as needed for us to provide our products and Services safely and lawfully;

• Improve our products and Services;

• De-identify your information by removing all personal identifiers (your name, email address, etc.) so that the information is no longer Personal Information and can be used for other purposes;

• Protect someone’s health safety or welfare;

• Comply with a law or regulation, court order, or other legal requirement;

• Undertake other activities for which you have consented we can use or disclose your personal information.

We will only use or disclose your Personal Information for a purpose that was not the primary purpose for which we collected it if we are required, authorised, or permitted by law or a court/tribunal order to do so. We may disclose Personal Information:

• To our related companies and affiliates;

• To third-party service providers engaged by us so that they may perform services for us or on our behalf;

• To third-party service providers engaged directly by your healthcare professional or representative so that they may perform services for your healthcare professional or on their behalf;

• If you are a subscriber, to care partners who you nominate to receive information and notifications about you and your care from Brainland;

• Where we are authorised or required by law to do so or are permitted to disclose the information under the APPs or Applicable Legislation;

• If you have expressly consented to the disclosure.

You represent and warrant that you have permission to share any information you elect to provide Brainland, you consent to such information being shared with third parties, and that such information is accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing information.

Sensitive personal information

We may collect Sensitive Personal Information as part of providing Services to you. When dealing with Sensitive Personal Information, such as your health information, for a purpose that is not directly linked to the primary purpose of collection, Brainland will seek your consent before using Sensitive Personal Information.

In only very limited circumstances, such as where we are required by law to disclose information or in the event of a serious threat to your life or health, will we use or disclose your Sensitive Personal Information for other secondary purposes to the extent necessary in the circumstances without your consent.

Disclaimer

The information on the Website and App is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. Brainland makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Website or App, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through our App and Website with other sources and review all information regarding any medical condition or treatment with your physician.

Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the service.

Brainland does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers, or other information that may be contained on or available through the Service.

Brainland is not responsible nor liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you obtain through the Website or App.