TYPE OF INFORMATION COLLECTED
We collect and merge non-personally identifiable information ("Non-PII") and personally identifiable information ("PII") through the various sources discussed below. For your reference, PII means any information that may be used to identify an individual, including but not limited to name, address, telephone number, or e-mail address. Non-PII is data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, age, or IP address.
HOW WE COLLECT YOUR INFORMATION
1. Websites: We collect information about you via a BrainPower website when you provide it in connection with a request for a product, service or information. For example, if you decide to place an order or complete a registration form, we may ask you for, but not limited to, the following information: First and last name, delivery address, billing address, e-mail address, telephone number, date of birth, gender, mother’s maiden name and/or payment information. We also collect information through web server applications. This information includes, but is not limited to your referring URL, browser type, Internet protocol ("IP") address, and the date and time.
2. Advertisements: Additionally, we collect information about you when you complete a questionnaire on one of our advertisements included on our websites or web pages. The advertisements present opportunities for consumers to acquire our services or gain access to other opportunities we can provide. This information may include, but is not limited to: your e-mail address, name, mailing address, telephone number, date of birth, gender, IP address, and payment information; as well as other information about your interests.
HOW WE USE YOUR INFORMATION
BrainPower may always use the personal information that you provide to: (1) fulfill your request for a product, information or other service; (2) respond to an e-mail or request; (3) send information to you about additional goods or services, deliver to you our newsletter or surveys, product information, usage tips or promotions; (4) help improve our website(s) or services; (5) to service your account, verify your identity, and provide customer service; or (6) customize visitors’ experiences at our website(s). BrainPower may also use your personal information for any marketing and survey purpose on behalf of itself and its subsidiaries.
We may use your information for ad serving purposes. For example we may show ads to you based on your IP address, demographics, phone number, or other information we collected about you. We reserve the right to decline all current and future transactions through any data points at our own discretion which may include the use of currently and previously collected information.
Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do-Not-Call (DNC) list, and shall remain in effect until you revoke your consent by clicking here to unsubscribe.
When submitting your credit card to us or one of our advertisers, you are consenting to allowing us to preauthorize your credit or debit card to determine your ability to pay for any product or service that you may be interested.
We may use your information for on-line and off-line marketing purposes, including but not limited to text messaging, e-mail marketing, telemarketing, and direct mail.
1. SMS, Wireless and Other Mobile Offers. Some of the services that we provide will result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive SMS sent to your mobile device. You understand that your wireless carrier’s standard rates apply to these messages.
HOW WE SHARE YOUR INFORMATION
When you participate on one of our advertiser forms, we will transfer the information you submitted to the applicable advertiser.
Additionally, BrainPower will use or disclose your personal information under the following circumstances: (1) in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (2) in the event you violate or breach an agreement with a BrainPower website; (3) we believe you will harm the property or rights of a BrainPower website’s customers; or (4) we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, chargeback resolutions, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
We may also collect, store or accumulate certain non-personally identifiable information concerning your use of a BrainPower website, such as information regarding which of our pages are most popular. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans.
Some information is collected automatically while you are using a BrainPower website. It is important to note that BrainPower must store this information in order to ensure you receive optimal service while using a BrainPower website. This type of information could include:
1. Log Files: BrainPower uses log files to track member usage and engagement and to gauge the effectiveness of our different services. We use your IP address to help diagnose problems with our server and to administer the website. Log file information may include, but not limited to: (1) IP Addresses; (2) browser type; (3) number of page views; (4) log-in frequency; and (5) page or section accesses.
3. Clear Gifs: BrainPower uses clear gifs, which are tiny graphics with a unique identifier (similar in function to cookies), to track the online movements of the web users.
Additionally, we may use pixel tracking technology to track the completion of transactions with us or our advertisers.
BrainPower websites are not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information. It is possible that by fraud or deception we may receive information pertaining to children under the age of 18. We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act ("COPPA"). Per COPPA guidelines, we do not knowingly collect PII from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with PII through any point of contact we will delete the information about the child referenced from our files when you click here to contact us.
The Service is not intended for children under 13, and BrainPower does not knowingly collect information from children under the age of 13.
Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.
We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside of BrainPower. However, perfect security does not exist on the Internet. Therefore, we cannot ensure or warrant the security of your information. You acknowledge and assume this risk when communicating with and providing information to BrainPower. Your information may be stored and processed in the United States or any other country in which BrainPower sites or its affiliates, subsidiaries or agents maintain facilities, and by using a BrainPower site, you consent to any such transfer of information outside of your country.
BrainPower websites may contain links that direct you to websites owned and operated by other companies. BrainPower does not control, and assumes no responsibility for the content, privacy policies or practices of any thirdparty websites, which may employ cookies and/or collection personal information. In addition, BrainPower will not and cannot censor or edit the content of any third-party website that you visit.
By completing the registration form on one of the BrainPower website or web pages you consented to receiving marketing communications from us and our third-party marketing partners, if you decide that you do not want to receive these marketing communications you may opt-out of receiving them at any time by clicking here to unsubscribe.
BrainPower provides you with the ability to opt out of the Service for any reason. You can opt out by texting "STOP" or “QUIT” to 61083.
CALIFORNIA PRIVACY RIGHTS
Under California’s "Shine the Light" law, we provide a method for consumers to "opt-out" of having their information shared with third-parties. Click here to unsubscribe.
LIMITATION OF LIABILITY
[ Previous Revisions: January 03, 2008; May 27, 2008, July 22, 2009, August 24, 2009, September 18, 2009, March 9, 2010]