Privacy Policy

Last Modified: August 31, 2020

Brain Balance Holdings, Inc. (“Brain Balance”, “us,” “our,” or “we”) respects your privacy and the privacy of your children. This privacy policy (the “Privacy Policy” or “Policy”) describes the types of information we collect, how we use this information, and the choices that you can make about how we collect and use your information.

Please read this Policy carefully to understand our policies and practices regarding your information and the information of your child that you provide to us as their parent or legal guardian when you: (a) use our websites (the “Websites”) and/or mobile application, EyeLearn, (the “App”), (b) enroll your child in Brain Balance Program (the “Program”), or (c) when you interact with us via email or phone, opt for financing program offered by Brain Balance’s third-party financial partner (with financing program, ” Services”).

This Policy is part of the agreement that you may have entered with us, such as Services Agreement (the, “Agreement”). Any term not defined herein will have the same meaning as ascribed to it the Agreement. From time to time, we reserve the right to modify or amend the terms of our Policy. You will be notified of such changes by notifications on our Website, by e-mail notification informing you of such changes, or by any other reasonable means as required by applicable law. You should check this Policy frequently for any changes. Your continued use of our Website, App, Program and/or our Services following the posting of changes to this Policy will mean that you accept those changes.

1. What types of information do we collect?

Information You Provide to Brain Balance
We collect Personal Information (defined below) and information that is not Personal Information (“Non-Personal Information,” together with Personal Information, “Information”). “Personal Information” means the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person or a household. We may combine Non-Personal Information with Personal Information, and in those circumstances, we will treat the combined information as Personal Information.The following describes the information we collect from you about you and your child, whose information you are authorized to provide as a parent or legal guardian (the “Child”), and how we obtain it:

  • Pre-Enrollment and Enrollment: When you contact us to enroll your Child in our Program or enroll your Child in the Program we collect the following information:
    • First and Last Name of parent(s)/ legal guardian(s)
    • Relationship to Child
    • First, Middle, and Last Name of Child
    • Home Address of parent(s)/legal guardian(s)
    • Home Address of Child
    • Phone Number of parent(s)/legal guardian(s)
    • Email Address of parent(s)/legal guardian(s)
    • Parent’s occupation/place of work
    • Date of Birth of Child
    • Gender of Child
    • Demographic Information of Child
    • Child’s doctor’s name, if any
    • Child’s school name
    • Any other identifiable information of Child provided by parent(s)/legal guardian(s)
    • Problems that the Child is facing through online assessment or over a call
  • Personalized Assessment: When you bring your Child to one of our Brain Balance Achievement Centers (defined in below in section “Information Collected From Third Parties”) for a Personalized Assessment, we record and photograph the Child do the prescribed exercises. We also require the parent(s)/legal guardians(s) to fill a detailed questionnaire about their Child’s behavior.
  • Billing: To process payment, we use third-party payment processing partner. However, sometimes, we may obtain your payment information directly. This can include your name, your telephone number, your email address, your credit or debit card information, and any other relevant information.
  • Use of our Program: When your Child accesses our Program, whether it is online or in one of our Brain Balance Achievement Centers, we collect Information about modules that your Child completes and the metrics associated with the completion of such modules to track the Child’s progress.
  • Contact with Our Call Centers: We collect Information from you about you and your Child when you call our customer service centers through our toll-free number.
  • EyeLearn: When you download and access our App, we collect your login information and record your Child’s completion of exercise modules.

Information Collected Automatically
Brain Balance also collects information about the Program and Services you and your Child uses and how you and your Child use them. When you visit our Website or download our App we automatically receive your computer’s internet protocol (IP) address, your operating system and browser type, the web pages you visit on our Website, geolocation information, and the address of any referring website. This information is used to operate, maintain, and manage our online services in order to improve our website.

  • Analytics:

Brain Balance uses third-party service providers, such as Google Analytics, which uses cookies and other similar technologies to collect and analyze information about how our website is used. You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/ and https://www.google.com/analytics/terms/us.html, and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout.

  • Cookies:

We may also use cookies to collect the above information. Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all of our other cookie uses.

We or our third-party service providers may use the following types of cookies:

    • Analytical/performance cookies. These cookies allow us and our third-party service providers to recognize and count the number of users and to see how users move around our Websites when they are using it. This helps us improve how our Websites work by, for example, ensuring that users can easily find what they need on our Websites. These cookies generate aggregate statistics that are not associated with an individualized profile, and these stay on your computer until you delete them.
    • Functionality cookies. These cookies enable helpful but non-essential Website functions that improve your Website experience. By recognizing you when you return to our Websites, they may, for example, allow us to personalize our content for you, greet you by name, or remember your preferences. These cookies generate aggregate statistics that are not associated with an individualized profile, and these stay on your computer until the duration of their use.
    • Advertising, tracking or targeting cookies. These cookies enable different advertising related functions. They may allow us to record information about your visit to our Websites, such as pages visited, and links followed so that we can make our Website and the advertising displayed on it more relevant to your interests.

Except for strictly necessary cookies, all first-party cookies set by this website will expire when you block or delete these cookies. Third-party cookie expiration periods are set by their respective owners.

Information Collected From Third-Parties

  • Franchisees: We may obtain Information about you and your child from our franchisees (the “Brain Balance Achievement Centers”).
  • Third-Party Assessment Tools Providers: We may obtain completion reports from our third-party assessment tool providers (“Assessment Tool Providers”). Any report that we obtain from our Assessment Tool Provider is in de-identified and aggregated form. In some instances, you may have to establish a separate account. Brain Balance does not receive any login information from Assessment Tool Providers. Please read the terms and privacy policies of the Assessment Tool Providers carefully before establishing an account with them. Brain Balance has no control over how these Assessment Tools Providers collect, process, and transfer Information, including Personal Information. The Assessment Tool Providers that you or your Child may interact with online or in Brain Balance Achievement Centers include:
    • Hanamaru Lab Inc.’s Think! Think!
    • EyeSync technology from SyncThink
    • The Regents of the University of California’s Rhymicity
    • Smart Pods from SMARTfit
    • Eyecarrot Innovations Corp.’s Binovi
    • Listen Innovation Inc.’s Listenwise
    • Cambridge Brain Sciences Inc.
  • External Call Centers: We may obtain Information from external call centers that we have engaged to provide services to us.
  • Third-Party Payment and Financing Partners: We may obtain your de-identified financial information from our payment processing partners, currently, Stripe, Inc. financing partners, such as Choice Payment Services, Inc. and other third-parties, such as, credit bureaus, and identity verification services.
  • Social Media: You may choose to provide us with access to certain Personal Information stored by third parties such as social media sites (such as Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that social media site and your authorization. By associating an account managed by a third party with your Brain Balance account and authorizing Brain Balance to have access to this information, you agree that Brain Balance may collect, store and use this information in accordance with this Privacy Policy.

2. How do we use this information?

Brain Balance Centers may use your Information in the following ways:
To Provide and Improve Our Programs
Brain Balance may use your information to aid enrollment or registration, prepare and administer a personalized plan for your child, facilitate any events, services or resources offered, and to process your payment. We also use your information to improve your experience while visiting our Website and App, and accessing our Programs and Services.

With your permission and applicable releases, Brain Balance may use information relating to your family’s experience with the Brain Balance Program. This information may be used in connection with outreach to other families interested in the Brain Balance community, such as the testimonials featured in the “Our Stories” section of our website. We will ask your permission before using your information for this marketing or outreach purpose and you may choose to opt-out of this use of your information at any time. To opt-out, please see Section 6 below titled Access and Control of Your Personal Information.

To Send Transactional Information
Brain Balance uses your Information to send you invoices and other transaction related information.

To Communicate With You
Brain Balance uses your Information to respond to you via email, phone call, text, social media platforms (including chat message), Google applications, and other forms of communication when you contact us and to keep you informed regarding Child’s personalized plan and progress. We also use your information to communicate with you via email, phone call, text, social media platforms (including chat message), Google applications, and other forms of communication about our products, services, resources, and marketing that we believe may interest you.

Brain Balance is committed to providing you with the choice not to receive marketing information. To opt-out, please see Section 6 below titled Access and Control of Your Personal Information.

Research Purposes
Brain Balance may use de-identified or anonymized Information for scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws.

3. How is this information shared?

Franchisees
The Personal Information you have provided may be shared with a franchisee in connection with registration, enrollment, administration of a personalized plan, or in connection with events, Programs, or Services.

Third Parties
If it is necessary, Brain Balance may share your Personal Information with third parties to perform services on our behalf such as, providing technical services, communicating with you, sending emails, processing your credit card, providing Programs or Services, or sending marketing emails. These third parties may only use the personal information that is necessary to perform the function required and may not use it for any other purpose.

To Comply With Legal Obligations
We may access, preserve, use, or disclose your Information if we have a good faith belief that the law requires us to do so, or that it is reasonably necessary to detect, prevent, and address security, technical issues, or fraud.

Business Use
We may access, preserve, use, or disclose your Information in order to protect the rights of the business, its property, its employees and others, or to enforce Brain Balance’s billing or contracts.
In the unlikely event that Brain Balance is involved in a merger, acquisition, sale or other change in ownership, our customers’ information may be among the transferred business assets.

Research Purposes
Brain Balance may share de-identified or anonymized Information with third-party researchers for scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws.

4. Children’s Privacy

Brain Balance is committed to protecting children’s privacy and safety on the Internet. We never intentionally collect or maintain any Personal Information about anyone under the age of 13, other than as needed to enroll your child, and to obtain appropriate information to plan and assess your Child’s progress in the program We will obtain verifiable parental consent before knowingly collecting Personally Information from anyone under the age of 13.

5. Opt-Out

Notifications
If you no longer wish to receive notifications about our Programs or Services, you may click the unsubscribe button, which is in the footer of our emails. Alternatively, you may be able to indicate your preference by logging into your account and adjusting your preferences or by following the directions provided with the communication. You will not be able to log out of “transactional” emails.

SMS Messaging
When you sign up for our Programs or Services you agree to receive SMS messages. You may opt out of receiving SMS messages by following the directions sent to you. Alternatively, you may be able to indicate your preference by logging into your account and adjusting your preferences or by following the directions provided with the communication. By opting not to receive SMS messages, your enjoyment of the Program or Services may be impacted.

Access Your Information
You can review and edit your personal information at any time by logging in to your account or by contacting us at 360support@brainbalancecenters.com.

6. California Do Not Track Disclosure

Do Not Track is a privacy preference that can be set in a web browser. At this time we do not respond to Do Not Track browser settings or signals.

7. California Shine The Light Law

Brain Balance does not disclose or sell personally identifiable information to third parties for direct marketing purposes. Should this practice change, we will update our Policy and provide you with appropriate notice.

8. Security

Brain Balance cares about the security of your Personal Information. The Information you submit is encrypted and stored with reputable third parties (vendors include but are not limited to Amazon Web Services, Google and Salesforce) to reduce the risk of unauthorized access. While no transmission over the Internet or method of electronic data storage is 100% secure, we take reasonable precautions to prevent unauthorized access, use, or disclosure of your information. Our vendors also use appropriate administrative, technical, organizational, and physical security measures to protect our users’ and visitors’ information and data against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure and access. They use standard industry practices to protect visitor and user information, including firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third party provider, system redundancies, and co-location at a 24/7 secured, controlled environment.

9. Changes To Our Privacy Policy

From time to time it may become necessary to update or change our Privacy Policy. Brain Balance encourages you to periodically check here for the most current version of our Privacy Policy. If significant changes are made, Brain Balance will provide you with appropriate notice, which may include email notification.

10. Additional Requests And Contact Information

For questions about our privacy policy, to make choices about receiving marketing or promotional communications, or if you have a request to access, correct or delete any Personal Information, please contact 360support@brainbalancecenters.com.

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