Politica de confidențialitate

This website is owned by Brain Games SRL (collectively “we,” “our,” or “us”). We recognize the importance of protecting the information collected from individuals (“you”) who use our services, visit our websites, or otherwise interact with us, and take reasonable steps to maintain the security, integrity, and privacy of any information in accordance with this Privacy Policy. With this Privacy Policy, we inform you about the processing of your personal data (“Data“) as well as your Data protection claims and rights.

Definitions

“Certified Facilitator” means an individual who has successfully completed one of our certification programs that can administer an Assessment to Respondents, and interprets the Reports or other output generated by Brainiup to provide feedback to the Respondent(s) about the contents of the Respondent’s Reports.

“Customer” means an individual, business, or other entity that purchases Brainiup’s Products or Services, or with whom Brainiup has a contractual relationship to provide Products or Services.

“Non-Personal Information” means information such as certain web session data or device information that cannot lead to an identifiable individual.

“Personal Information” means information such as name, email address, mailing address, telephone number, billing information, account information, that is necessary for providing or receiving Products or Services of Brainiup.

“Products and Services” means the products and services promoted, sold, or available for sale by Brainiup, such as our games.

“Website” means this Website and any others owned and operated by Brainiup.

Which data do we collect and from what sources?

If you visit or interact with our Website, we might collect Non-Personal Information that is provided to us through log files or session data. We might also collect Personal Information that is provided by you directly (e.g. while submitting a contact form) or through cookies set in your browser (see “Cookies and Other Technologies”).

If you choose to receive marketing communications, we may collect information on the open rate and whether a specific individual has clicked on a link.

If you are a Customer or other business contact, we may collect Personal Information such as your name and other contact information in the regular course of our interaction with you.

If you interact with third parties regarding our Products or Services, we may receive information about you, such as from Customers, websites where we advertise, business partners, and service providers.

Our Policy Towards Children, Children under 18 are not permitted to use the Website or our games without the consent of a parent or guardian.

For what purposes and duration are the data processed?

We process your Data in accordance to applicable data protection law, for specific purposes and for a specific period. The most important purposes and duration of the processing are listed below. If we collect Data from you for other purposes, we will inform you separately before collecting that Data.

To facilitate the use of our Website, we use session data to enhance navigation, to avoid requesting identity information when the visitor moves from page to page, and in general to enhance the quality of our Website. We may use aggregated session data to better understand how our Website is navigated, as well as the types of browsers and computer operating systems that our visitors use, and the IP addresses of the visitors. We process this data until the fulfillment of our obligations, or, beyond that, as long as there is a legal obligation to do so or for the exercise or defence of legal claims.

For security purposes, we may use IP addresses and session data to ensure a secure connection, to diagnose problems with our servers, and to administer our Websites. We process this data until the fulfillment of our obligations, or, beyond that, as long as there is a legal obligation to do so or for the exercise or defence of legal claims.

For marketing purposes, we may use your email or other contact information to send you direct marketing communications you agreed to receive. We process the Data you provided until you withdraw your consent. You can do this in every Newsletter e-mail or via e-mail to play@brainiup.com.

For advertising purposes, you may receive personalized information and information about our products, services and events if this is (based on your Data) particularly relevant and interesting for you. We process the Data you provided until you object to this processing. You can object via e-mail to play@brainiup.com.

On what legal basis do we process your data?

To fulfill contractual obligations (article 6 (1) (b) GDPR): We process your Data in order to fulfill our contractual obligations to you. For example, we need your name and address to issue you an invoice. If you have concerns or requests to us, we need, for example, your e-mail address or phone number in order to contact you.

To fulfill legal obligations (article 6 (1) (c) GDPR): The processing of your Data may be required to fulfill our legal obligations (in particular for the storage of business papers and contractual documents).

On the basis of your consent (article 6 (1) (a) GDPR): If you have given us your consent to the processing of your Data – for example in the setting of cookies – this processing will only be carried out in accordance with the purposes specified in the respective declaration of consent and to the extent agreed therein.

You can withdraw your given consent at any time with effect for the future in writing by e-mail or letter to our e-mail address play@brainiup.com. The withdrawal of consent does not affect the lawfulness of the processing of your Data based on your consent before its withdrawal.

For the purposes of the legitimate interests (article 6 (1) (f) GDPR): If it is necessary for the purposes of our legitimate interests or the legitimate interests of third parties, we process your Data. Our legitimate interest in processing your Data includes own and third-party marketing purposes, customer loyalty or advertising. In addition, we have a legitimate interest in processing your Data for administrative purposes and for the exercise or defence of legal claims.

With whom do we share the information we collect?

Within our company: our employees will receive your personal information, who need them for the purposes outlined above.

Service providers: We may engage service providers to perform functions and provide services to us, such as customer relationship management, contract management, order fulfilment, hosting and maintenance, database storage and management, business analytics, and marketing. Pursuant to written agreements between Brainiup and these service providers, each of these service providers only has access to the information necessary to fulfil its obligation to Brainiup. Providers are not permitted to use the information for any purposes other than those directed by Brainiup, and are required to act in a manner consistent with the principles outlined in this Privacy Policy.

Foreign Distributors or Partners, we may provide information to our distributors or partners in foreign markets to improve the Products or Services provided, and the use of such information is in accordance with the principles of this Privacy Policy.

Mergers & Acquisition; Bankruptcy, we may disclose, share or transfer some or all of our Customers’ information to or with the appropriate entity in preparation of the transaction, as part of the due diligence, or after the transaction has been finalized, so that the successor entity can continue providing our services to our Customers.

Law Enforcement; Litigation, certain federal, state, local, or other government regulations may require that we disclose information that we hold. We will use reasonable efforts to disclose only the information required under applicable law in response to a valid court order, warrant, or subpoena.

To defend or enforce our rights, Brainiup may use information to protect itself, to prevent fraudulent activity, or where it is otherwise necessary to pursue available remedies. If a Customer neglects to pay amounts due and owed to Brainiup, Brainiup may send that Customer’s name, contact information, and account information to a third-party service provider for collection of overdue payments.

Cookies and other technologies

Most websites, including ours, use a browser feature to set a small file called a “cookie” on your computer’s browser. The website placing the cookie can then recognize that browser when you revisit the site and track how you are using the site.

As you browse our Website, we collect information about the individual web pages that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We use the Data collected through these cookies to better represent our Website and to make our offers user-friendly, for example to evaluate the use of our Website. Some cookies remain stored on your device until you delete them and allow us to recognize your browser on your next visit, while other cookies are only stored on our website for the duration of your visit.

Strictly necessary cookies

These cookies are technically necessary for the presentation of the Website. You can deactivate the setting of cookies in the settings of your browser. A general deactivation of these cookies may however lead to functional limitations of our Website.

Functional, marketing and statistical cookies

These cookies are not technically necessary for the presentation of the Website and are only activated with your given consent. You can withdraw your consent at any time and in the settings of your browser.

Additionally, we use pixels and tags from the following third parties (which may in turn place cookies):

You have the right to block cookies by configuring your browser’s preferences or settings to stop accepting cookies or prompt you before accepting a cookie from a website that you visit.

How we store and protect tour information

We retain your Personal Information for as long as you continue to do business with us.

We follow generally accepted industry standards to protect Personal Information, both during transmission and once we receive it. We use administrative, physical, and technical measures to protect Personal Information from any unauthorized access, loss, misuse, disclosure, alteration, or destruction.

All data collected through our Website are transmitted securely over the internet using 256-bit TLS encryption protocols or better. The data are stored on secure servers in an ISO 27001-certified data centers in the European Economic Area (EEA).

This Website may link to websites that are operated by third parties. Because such websites are not operated by Brainiup, they are not subject to this Privacy Policy. We recommend that you read the privacy statements that are posted on these third-party websites to understand their procedures for collecting, using, and disclosing personal information.

Your rights in the context of the processing of your Data (GDPR)

The GDPR is a set of regulations coming into effect on May 25, 2018 that enhances the data privacy rights of EU individuals. Brainiup is committed to upholding GDPR compliance among our Products and Services.

We have updated our internal policies and external contracts to ensure compliance with the GDPR prior to the official launch. Brainiup processes personal data on the following legal bases: (1) with your consent; (2) as necessary to provide our Products and Services; and (3) as necessary for our legitimate interests in providing the Products and Services where those interests do not override your fundamental rights and freedom related to data privacy. Brainiup has put in place safeguards to protect personal privacy and individual choice, including disclosures of its data processing activities and the use of consent mechanisms.

Right to lodge a complaint, Customer or others that interact with Brainiup that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. The contact details for data protection authorities are available here.

Individual Rights, if you are a resident of the EEA or Switzerland, you are entitled to the following rights once the GDPR becomes effective. Please note, that in order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.

The right to access and correction, you have the right to request access to, and a copy of, your personal data at no charge, as well as certain information about our processing activities with respect to your data. You have the right to request correction or completion of your personal data if it is inaccurate or incomplete. You have the right to restrict our processing if you contest the accuracy of the data we hold about you, for as long as it takes to verify its accuracy.

The right to request data erasure, you have the right to have your data erased from our Website if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

The right to object to our processing, you have the right to object to profiling or other processing if your legitimate interests outweigh the legitimate interests of Brainiup and so long as it does not interfere with a task carried out for reasons of public interest.

Data breach notification policy, Brainiup will follow all applicable rules and regulations of the GDPR, along with guidance and instruction from the applicable data protection authorities, in handling, responding, and resolving a data breach.

Data governance obligations, Brainioup has established procedures for periodically verifying implementation of and compliance with the GDPR Principles. Brainiup conducts ongoing assessments of our data protection practices to verify the attestations and assertions of our privacy practices are have been implemented properly.

Privacy by Design, Brainiup has implemented various technical and organizational measures to protect and minimize the amount and use of personal data we receive. We have designed our systems and processes to ensure the necessary safeguards of data protection are met.

Details of staff training and competence, Brainiup has trained all necessary staff on the privacy regulations in effect.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. We will post these changes in the policy and suggest you revisit periodically to stay informed of any changes.

Who can you contact?

If you have any questions about this Privacy Policy please contact us at the following details:

Brain Games SRL
Sfanta Vineri, Nr. 24
Bucharest, 030205
Romania

Email: robert@brainiup.com