Privacy Policy

At Brain-Body Therapy, LLC (“Brain-Body Therapy” or “Company” or “we” or “our”), we want you to be familiar with how and why we collect, use and disclose information about you. This includes information we may collect from you or that you may provide when you purchase, download, install, register with, access, or use our mobile application Brain-Body Therapy (this “App”) or the website www.brain-bodytherapy.com (collectively, our “Online Services”) or otherwise interact with us and our practices for collecting, using, maintaining, protecting, and disclosing that information. Some of this information may individually identify you. This Privacy Policy explains our information practices with respect to the information collected and the choices you can make about the collection, access and use of your information.

This Privacy Policy also applies to our targeted content, including online offers and advertisements for our products and services, which we (or a service provider acting on our behalf) may send to you on our third party websites, platforms and applications (collectively, “Third Party Sites”) based on your use of the Internet. These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read each such privacy policy and terms and conditions before using those Third Party Sites. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in a European country, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads.

This Privacy Policy does not apply to any personal data collected from or about any of our employees or employees. Personal information collected from any such employees will be protected by our employment policies and handbook.

We are committed to safeguarding your privacy, ensuring that your personal data is protected and complying with all United States (“U.S.”) federal and state laws, as well as international laws, applicable to our processing of personal data.

We are committed to safeguarding your privacy, ensuring that your personal data is protected and complying with applicable data privacy or data protection laws and/or regulations, including, as applicable, the European Union General Data Protection Regulation 2016/679 (the “GDPR”), the European Union retained law version of the GDPR (as adopted by the United Kingdom (the “U.K.”)) and the U.K. Data Protection Act 2018 (c.12) (collectively, the “U.K. Data Protection Laws”), Switzerland’s Federal Act on Data Protection (“FADP”) and/or the standard contractual clauses for controller to processor transfers and/or for controller to controller transfers, all as set out in the European Commission Decision of 5 February 2010 (2010/87/EU), or any variation thereof that is required, as a result of any change or difference in applicable data protection law(s) or regulation(s) or a change in a decision of a competent authority under any applicable data privacy or data protection law or regulation, to allow such transfers to be made (or continue to be made) without breach of any applicable data privacy or data protection law or regulation, (collectively, the “Standard Contractual Clauses”).

WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE USE IT?

We collect information: (i) by which you may be personally identified, such as name, birthdate, age, postal address, e-mail address, telephone number, personal preferences, credit card information, including billing address, or any other identifiers by which you may be contacted online or offline; (ii) that is about you but individually does not identify you, such as IP address or other online identifiers; and/or (iii) about your internet connection, the equipment you use to access our Online Services and usage details (collectively, “Personal Data”).

Brain-Body Therapy collects and processes Personal Data solely to the extent (i) that it has a legitimate, lawful basis for processing and (ii) that such Personal Data is relevant to the purposes for which it was collected or disclosed.

In particular, we process Personal Data for the specific purposes listed in Subsections A-H below; the following explains which Personal Data we collect for each purpose, the exact nature of the purpose, the length such data is stored, the basis for collection, and any further relevant information.

A. Surfing on our Website – with or without Cookies

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: information about the type of browser you use, the size of the browser window, the screen resolution, the URL of the page that you are viewing, the title and other details of the web pages you have viewed, your location from IP address (not the IP address itself), your device address, your Cookie ID, hyperlinks that you have clicked, whether or not your browser has Java enabled, what version of Flash software your browser uses, the language settings from your browser and any other information you choose to share when using Third Party Sites (such as when you use the “Like” functionality on Facebook or the +1 functionality on Google+), and the websites you visited before arriving at our relevant Online Services.

2. What is the Purpose of Processing your Personal Data? We (and third party service providers acting on our behalf or on their own behalf) use cookies and similar technologies to process data about you when you visit our Online Services. Cookies are files that store information on your computer hard drive or browser that mean that we can recognize that you have visited us before. We use cookies and similar technologies to improve our products and your experience on our Online Services by evaluating the use of our Online Services, products and services to personalize content and ads, to provide social media features and to analyze our traffic. You can view more information on the cookies used and adjust your cookie preferences via the Cookie Consent Tool on our Online Services.

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. When our Online Servicesreceives a DNT code, except in the case of certain scenarios where a user actively and knowingly provides Personal Data (e.g. contact forms), our Online Services will not track your use across multiple websites, but other websites (including, without limitation, websites of certain of our affiliates and third party providers, such as our career portal) to which we link, or to which you visit, may continue to track you. When our Online Services receives web requests from a user who enables DNT by actively choosing an opt-out setting in the user’s browser, we will also take reasonable efforts to disable tracking cookies/scripts (e.g. Google Analytics, Google Adwords, Facebook, Twitter and/or other third party scripts).

3. How long do we store your Personal Data? Please check our Cookie Policy to learn about the storage periods for each cookie.

4. What is the Basis for Processing your Personal Data? Your consent through our Cookie Consent Banner.

5. Additional Comments: It is always possible for you to visit our Online Services without disclosing your Personal Data. This requires that you have disabled cookies. You can opt out of the processing of such information via the Cookie Consent Banner displayed at the bottom of the relevant Online Services. Please note, however, that without cookies you may not be able to use all of the features of our Online Services.

B. Contact to Deal with Requests, Provide Information about Products, Services or Promotions, and Provide News Releases

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: your first and last names and your email address.

2. What is the Purpose of Processing your Personal Data? We process your Personal Data whenever you contact us in order to respond to your inquiries and comments. We process your Personal Data that you enter when registering for our Online Services or products or that you subsequently update or amend in your user account. We process Personal Data to provide you with the information that you request from us, including responding to your queries or comments and sending you products that you have requested. We look at the products you have viewed on our Online Services.

3. How long do we store your Personal Data? We store your Personal Data for 365 days after you provide the Personal Data to us, unless we are required by law to store the Personal Data for a longer period in which case we store the Personal Data for the period required by applicable law.

4. What is the Basis for Processing your Personal Data? Performance of the contract with, or request by, you; if you provide to us Personal Data that is considered sensitive (e.g. information on your health or ethnic origin), your consent. If you wish to discontinue receiving this information, you may update your preferences by using the “Unsubscribe” link found in the emails that we send to you or by contacting us at info@brain-bodytherapy.com.

C. Consider Your Job Application and Communicate with You Regarding Your Job Application

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: [your first, middle, and last names, your mailing address, including city, state, and zip code, your email address, your phone number, including primary and secondary phone numbers, your gender, your ethnic origin, your work experience, including job titles, company names, and dates of employment, and your education, including the names of the schools you attended, your level of education, your degree, including majors and minors, and the dates of your school attendance.

2. What is the Purpose of Processing your Personal Data? We process your Personal Data in order to make employment decisions, in some instances, and to comply with applicable law.

4. What is the Basis for Processing your Personal Data? Your consent.

D. Performance of Relevant Administrative Services Requested or Necessary to Facilitate our Relationship

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: your first and last names, your address, your email address and your criminal or credit history.

2. What is the Purpose of Processing your Personal Data? We will process your Personal Data for the purposes of performing administrative services requested or necessary to facilitate our relationship (e.g., facilitating payments or deliveries of products, services, information or materials) or to fulfill requests you have made (e.g., registration).

3. How long do we store your Personal Data? We store your Personal Data for three years after you provide the Personal Data to us, unless we are required by law to store the Personal Data for a longer period in which case we store the Personal Data for the period required by applicable law.

F. Respond to Consumer Complaints and Reports of Business Concerns

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: your first and last names, your mailing address, your email address and relevant information about (i) the complaint or business concern, (ii) the situation or circumstances giving rise to the complaint or business concern and/or (iii) any other Personal Data that you volunteer in your report or follow up communications.

2. What is the Purpose of Processing your Personal Data? We will process your Personal Data for the purposes of responding to any consumer complaints or responding to reports from consumers about business concerns related to our businesses and operations.

3. How long do we store your Personal Data? We store your Personal Data for ten years after you provide the Personal Data to us, unless (i) we are required by law to store the Personal Data for a longer period in which case we store the Personal Data for the period required by applicable law or (ii) unless we reasonably anticipate litigation with regard to the matter in which case we would retain relevant Personal Data until such time as the litigation is concluded or is no longer reasonably anticipated.

4. What is the Basis for Processing your Personal Data? Our basis for processing is (i) your consent with regard to Personal Data you volunteer with regard to your complaint or business concern or (ii) a legal obligation to which we are subject.

G. Prevention of Harm to Us, Our Products or Services or a Person or Property (e.g., Fraud Prevention) or Defend Ourselves against Claims or Potential Claims

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: your first and last names, your address, your email address, your criminal or credit history and relevant information about (i) the harm or potential harm, (ii) the claim or potential claim or (iii) the situation or circumstances giving rise to harm, potential harm, claim or potential claim.

2. What is the Purpose of Processing your Personal Data? We will process your Personal Data for the purposes of preventing harm to Brain-Body Therapy, its products or services or to any person or property (e.g., fraud prevention) and/or in the bringing or prosecution of a claim or potential claim against you. In addition, we may process your Personal Data for the purposes of defending Brain-Body Therapy against claims or potential claims made against one or more of them.

4. What is the Basis for Processing your Personal Data? Our basis for processing is (i) a legal obligation to which we are subject or (ii) the processing is necessary for the purposes of our legitimate interests in protecting our business, products, services or a person or property or to defend ourselves against claims or potential claims.

H. Communicate with You regarding our Online Services and Privacy Policy

1. Which Personal Data do we collect about you? For this purpose, we process the following Personal Data: your first and last names and your email address.

2. What is the Purpose of Processing your Personal Data? We process your Personal Data whenever there are material changes to our Online Services and Privacy Policy for the purposes of informing you of those material changes and obtaining your consent, if necessary.

3. How long do we store your Personal Data? We store your Personal Data for three years after you provide the Personal Data to us, unless there is a legal obligation to store the Personal Data for a longer period in which case we store the Personal Data for the period required by applicable law.

4. What is the Basis for Processing your Personal Data? Performance of the contract with, or request by, you. If your consent was initially required, then your consent is the basis for this processing.

HOW DO WE DISCLOSE PERSONAL DATA

We engage other companies (“Agents”), to perform certain services on our behalf. We may share and may internationally transfer Personal Data with these Agents to perform the services or provide the products, and, in fulfillment of the services or products, these Agents may need to share Personal Data collected on our behalf with us. We do not sell, trade, or rent your Personal Data to Agents without prior permission from you. Furthermore, we will not otherwise provide your Personal Data to Agents without prior permission from you, provided however, those Agents do not include our subsidiaries, affiliates, licensees, partners, hosting partners, other parties who assist us in operating our products and services, or organizations providing services to support our functions, such as our mail and e-mail processing companies, payment processing companies, market research firms, lead-generation and outreach companies, and other service providers. Also, Brain-Body Therapy does not sell or share the Personal Data it collects to any unrelated third parties (who are not Agents) so that they may send you commercial promotions or unsolicited offers for unrelated products or services. If you would like more information about our disclosure of your Personal Data to third parties, please contact us at info@brain-bodytherapy.com.

Pursuant to written agreements with these Agents, which agreements afford appropriate, and all required, protections of your Personal Data, we use these Agents to provide the following services on our behalf:

email services;
consumer relations, including consumer complaint response services;
employee recruitment, career portal and job applicant services; and
legal representation, including with regard to prevention harm to our company, its subsidiaries, our products or services or a person or property (e.g., fraud prevention).

All of our Agents are bound by contract to refrain from using your Personal Data for any purpose other than providing the applicable service to us. We are liable to you for our Agents’ appropriate processing of your Personal Data in a manner consistent with this Privacy Policy and applicable data privacy laws and regulations.

As described above, we may use Agents to manage our advertising on other websites. These Agents may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. Any personally identifiable information gathered by these Agents is not provided by the Agents to Brain-Body Therapy. It is only used by the applicable Agent pursuant to its own privacy policies. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in a European country, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads.

In addition to disclosures described above, we may disclose or transfer Personal Data in connection with, or during negotiations of, any merger, acquisition, spin-off, sale of company assets, product lines or divisions, any financing or any similar transaction. We may also disclose Personal Data to prevent damage or harm to us, our services or any person or property, if we believe that disclosure is required to meet national security or law enforcement requirements, or in response to a lawful request by public authorities. Except as described in this Privacy Policy, we will not otherwise disclose Personal Data to any third parties unless you have been provided with an opportunity to opt in to such disclosure.

When Brain-Body Therapy transfers Personal Data to countries other than the country where it was provided, we do so in compliance with applicable data privacy laws and/or regulations, including, as applicable, the GDPR. We will not transfer Personal Data subject to the GDPR and relating to you to a country outside EEA unless: (1) the country or recipient is covered by an adequacy decision of the European Commission under GDPR Article 45; (2) appropriate safeguards have been put in place which meet the requirements of GDPR Article 46 (for example using the European Commission’s Standard Model Clauses for transfers of Personal Data outside the EEA); or (3) one of the derogations for specific situations under GDPR Article 49 is applicable to the transfer. These include (in summary) if the transfer is necessary to perform, or to form, a contract to which we are a party; the transfer is necessary for the establishment, exercise or defense of legal claims; you have provided your explicit consent to the transfer; or the transfer is of a limited nature, and is necessary for the purpose of our compelling legitimate interests.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Online Services may then be inaccessible or not function properly.
Promotion by the Company. If you do not want us to use your email address or contact information to promote our own or third parties' products or services, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@brain-bodytherapy.com.
Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@brain-bodytherapy.com.
Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@brain-bodytherapy.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.