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Scientifically-validated app to help detect early signs of Alzheimer’s, dementia and more.
1 Register
2 Verification
3 Get tested
Important
Before using BrainTest, please carefully read the following terms of use. BrainTest does not provide any medical, clinical services, and does not diagnose, treat or manage any illness, disease or condition. BrainTest is not a diagnostic tool or device. Information, including your test scores, are offered for informational purposes only and cannot substitute for medical advice, diagnosis or treatment by a trained medical professional.
Effective Date: February 26, 2018
Thank you for using BrainTest, a mobile application developed and provided by BrainTest Inc. SEZC ("We", "Us", "Company"). These Terms of Use, together with our Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the BrainTest mobile application (the "Service") including any content and functionality offered through the Service. ("Terms of Use" or "Agreement").
The Service includes the BrainTest test (the "Test"), which is a screening instrument for mild cognitive impairment or early signs of dementia. The Test is a scientifically validated, digital version of the Self-Administered Gerocognitive Examination (SAGE®), which was created by doctors at the Ohio State University. Doctors at Ohio State University completed the validation study of the Test. We strive to ensure that any scientific claims related to the Test are based on current scientific evidence. However, by using the Service and taking the Test you acknowledge and understand that future scientific developments and findings may affect the validation of the Test and the claims made in the Service, and that we therefore cannot guarantee the fitness or accuracy of the Test in the future should the underlying science evolve or otherwise change.
Please read these Terms of Use carefully before you start to use the Service. By using the Service, you represent you are at least 13 years of age, further, you accept and agree to be bound and abide by these Terms of Use. If you are not 13 years old or do not want to agree to these Terms of Use, you must not access or use the Service. We reserve the right to change, add or remove portions of these Terms of Use and any documents incorporated herein at any time and at our sole discretion. Your continued use of the Service following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms of Use periodically for changes.
It is important to understand that the Service does not include the provision of any medical care by us. We are not a licensed medical care provider, and we are not acting in a health care professional capacity. We do not provide any medical, clinical services, and do not diagnose, treat or manage any illness, disease or condition. In particular, the Service is not a diagnostic tool or device. We do not have expertise in diagnosing, examining, or treating medical or psychological conditions of any kind. You should not change your treatment or care plan, medication or therapy based on information you received through the Service without proper consultation with your health care providers. Use of the Service should not replace any treatment or care provided by your health care provider, or regular medical visits with your health care provider. Always seek the advice of your physician or other qualified health care provider regarding the Test results you may obtain from the Service. Information, including your Test scores are offered for informational purposes only and are not a diagnosis of any illness, nor are they a recommendation or endorsement of any drug, device or treatment. Questions regarding your Test scores should be directed to your healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status.
License and Limitations. Subject to the terms and conditions of this Agreement, and during the term of this Agreement, we grant you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Us solely for purposes of your personal use of the Service. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Service. Other than as expressly set forth in this Agreement, no license or other rights in or to the Service are granted to you, and all such licenses and rights are hereby expressly reserved.
Registration. You may be able to download and access all parts of the Service without registering an account. However, you may be requested to register an account in order to access all parts of the Service. If you are requested to register and account for full access to the Service you may be required to provide certain information about yourself. If asked, you will provide Us with accurate, complete, and updated registration information. Failure to do so, if asked, shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not use a false name, e-mail address or phone number or otherwise enter information with the intent to impersonate another person. All personal information we collect about you in connection with the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may receive a user account for your personal use that requires a username and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide Us; (ii) maintain the confidentiality of your password and user account information; (iii) use reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Us promptly of any such unauthorized use; and (iv) comply with all applicable laws in using the Service.
Scoring and Your Score Card. Our core scoring labs of trained professionals will score your Test. Your score results will be delivered to you in the Service in written form and by a custom video from a physician licenced in the USA. We recommend that you share your Test score results with your healthcare provider.
Our core lab will score all Tests on a "first in - first out" basis and while we will make every effort to score your test in an expeditious manner, we make no claims or guarantees about the completion times for scoring your Tests and we shall have no liability to you or any third party, for any delay, for any reason, in delivering your Test score results to you.
We shall strive to maintain a record of all your Test scores, which you can access in the Service at any time prior to termination of this agreement or the cancellation of your account. We shall have no liability to you if you are unable to access your Test scores for any reason, including but not limited to problems with Internet connectivity, your device memory restrictions. We may limit or terminate your access to your Test scores fat any time or any reason in our sole discretion.
Term and Termination. The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein.
We may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the We determine in our sole discretion may have an adverse effect on Us or our reputation. In addition to termination, We reserve the right to pursue any and all remedies available to us.
Upon termination, or on your cancelling of your account, you may no longer have access to some parts of the Service including, but not limited to, all of your Test score results. We shall determine in our sole discretion which if any parts of the Service you may access prior to, or following the termination of this agreement or the cancellation of your account.
Fees. Fees for the Service are set out in the Service and will be paid by you prior to your access to the full Service including the Test. Your payment shall be made through either the Apple App Store or the Google Play store (collectively the "App Stores") in accordance with the App Stores terms and conditions.
If you have registered for the Subscription Plan, you must complete one Test within every 6-month period. Failure to complete a Test within a given 6 month period will result in the loss of your ability to take that Test in that 6 month period, and you will not be provided any refund or any form of credit or have any claim against Us for the loss of your ability to take that particular Test.
The "free-trial" option included in the Subscription Plan shall be limited to one (1) free trial per Apple App Store Google Play accounts
If your account is not eligible for opening, and you have already paid for a Test, or subscribed to the Subscription Plan, you can request a refund and cancel your subscription directly through the App Stores.
Intellectual Property Ownership. Except for the limited license and use rights expressly granted to you under these Terms of Use during the Term, all title to and the rights in the Service, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Our's or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is Our exclusive property and/or third parties.
Confidentiality. We have constructed the Service to be in full compliance with the Health Insurance Portability and Accountability Act (USA), which sets the standard for protecting sensitive user data. We will use and protect your personal information pursuant to the Health Insurance Portability and Accountability Act and our Privacy Policy.
We are not responsible for and do not control the App Stores in any we. We have no obligation to review or monitor, and do not make any representations or warranties with respect to the dealings with the App Stores. You use the App Stores at your own risk. When you access the App Store, the applicable App Store terms of use and privacy policies shall apply, and they may not be in full compliance with Health Insurance Portability and Accountability Act. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any of the App Stores.
Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Service, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
Other Content. Other than the Test and your score results, other information that may be presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. We also may update the content on the Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date. Nothing in the Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner outside of the Service. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.
Service Access and Changes. We reserve the right, in our sole discretion, at any time to modify, suspend, or discontinue the Service, or any part thereof, with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
Not Intended for Users Under 13. The Service is not for use by individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.
Communications from Us. As part of providing the Service, We may send certain communications such as push notifications and/or emails with service announcements and administrative messages. These communications are considered part of the Service, and by using the Service you agree to accept these communications.
Cookies. Our Service may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. These cookies may store your unique account ID, an API key, your profile information and you're username, but no other personal information. The Service may use persistent cookies. A persistent cookie remains after you close the Service, and may be used by your device on subsequent visits to the Service. By using the Service you agree to accept the placement of cookies on your device.
Local Storage. Local storage is a data store that is built into modern browsers and applications. The Service may use such local storage as a data cache to store items the Service has recently downloaded from the server in order to enhance performance of the Service. For example the Service may store your latest Test score results video information in local storage.
Product Claims. You agree that We alone are responsible for addressing any claims by you or a third party relating to the Service or your possession and/or use of the Service including; (a) product liability claims; (b) any claim that the Service fails to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Indemnity. You agree to defend, indemnify, and hold Us, our officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.
Release. You hereby irrevocably and unconditionally release and forever discharge Us, our officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of the Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
DISCLAIMER. BRAINTEST INC. SEZC IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR ANY CONTENT, INFORMATION AND DOCUMENTATION PROVIDED WITHIN THE SERVICE AS MEDICAL ADVICE OF ANY KIND. THE SERVICE IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an "AS IS" and "as available" basis. Neither We nor our officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Service will be uninterrupted or error-free. Neither We nor our Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service or the products or services offered for sale on the Service. We and our Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Us or our Affiliates will create a warranty. Some states in the USA do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
The Test score result videos presented to you in the Service contain information provided by American board certified doctors (the "Doctors"). BY USING THIS SERVICE, YOU FULLY ACKNOWLEDGE AND AGREE THAT you are in no way entering into a commercial, medical or any other relationship of any kind with any of the Doctors. The Doctors are retained by us and the videos the Doctors appear in are for the sole purposes of explaining the Test score results, and shall not be considered as any form of medical advice that is specific to you in any way. You acknowledge and agree that the Doctors are not giving you any medical advice, they are not diagnosing you, treating any disease, illness or condition you may have, or acting for you in any way. You explicitly acknowledge that the information you receive from Us which may be received by you in video, written, audio or any other format, is intended to be generic information and not specific to you in any way.
You hereby explicitly waive any claim or cause of action of any kind that you may have for any reason, against any of the Doctors. You hereby waive all rights you may have to bring any legal action of any kind, for any reason, against any of the Doctors.
Limitation of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR ANY OF THE DOCOTRS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS TERMS OF USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, NEGLIGENCE OR INACCURACIES IN THE SERVICE AND ANY CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICE AND ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE AND ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
ACCESS TO, AND USE OF, THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, OUR AND OUR AFFILIATE'S liability will in no event exceed the amount of fees you paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Void Where Prohibited. The Service may not be available to all persons or in all geographic locations. We make no representations that the Service is appropriate or available for use in your location. Those who access or use the Service do so at their own volition and are responsible for compliance with local laws.
Governing Law. The laws of the State of Ohio, USA, shall govern these Terms of Service without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Columbus, Ohio, USA for the purpose of litigating all such claims or disputes, and you further agree that the Service shall be deemed a passive server whose activities do not give rise to personal jurisdiction over Us, either specific or general, in jurisdictions other than Columbus, Ohio. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.
Improperly Filed Claims. All claims you bring against us must be resolved in accordance with the Governing Law section above. All claims filed or brought contrary to the Governing Law section above or any other applicable section shall be considered improperly filed. Should you file a claim contrary to the Governing Law Section above, or any other applicable section, We shall be entitled to recover attorneys' fees and costs up to $2,000.00 USD, provided that we have notified you in writing of the improperly filed claim and you have failed to promptly withdraw that claim.
Waiver of Trial by Jury. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE.
No Waiver. Our right to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Us of any provision or any right we have to enforce these Terms of Use, nor will any course of conduct between Us and you or any other party be deemed to modify any provision of these Terms of Use.
Severability. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.
Entire Agreement/General. These Terms of Use together with our Privacy Policy, and any other documents they expressly incorporate, are the final, complete and exclusive agreement between you and Us with respect to the subject matters hereof and supersedes and merges all prior discussions and agreements between you and Us with respect to such subject matters (including any prior Terms of Service or Privacy Policies). The word "including" means "including without limitation". Neither you nor Us are an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use to any of our affiliates or in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your knowledge or consent. These Terms of Use shall be binding upon assignees. The Terms of Use do not confer any third party beneficiary rights.
Records Retention. Your account details including name, phone number, email, password will be stored in the United States or other countries as we may determine in our sole discretion, the actual locations and length of time of storage are to be determined at our sole discretion.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including any failure to perform hereunder due to unforeseen circumstances or causes beyond our control including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
Third Party Beneficiary – Download From Apple Inc.'s App Store. If You obtained the Service via a download from Apple Inc.'s app store then you and Us acknowledge and agree that Apple Inc., and Apple Inc.'s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
February 26, 2018 BrainTest Inc. SEZC | all rights reserved
Covered Entity Name: BrainTest Inc. SEZC Effective Date: July 1 2017
THIS PRIVACY POLICY DESCRIBES HOW HEALTH INFORMATION AND PRIVATE PERSONAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION
PLEASE REVIEW CAREFULLY
The mobile application BrainTest ("BrainTest") is provided by BrainTest Inc. SEZC. In this Privacy Policy ", "we" "us" or "our" refers to every entity that is providing BrainTest to you,
We recognize the importance of privacy and the sensitivity of your personal Health Information (as defined below) and Private Personal Information (as defined below) and, as such, have created this Privacy Policy. We welcome your comments and/or suggestions on improving this Privacy Policy. If you have any concerns, please contact us at the address given below.
The detailed Privacy Policy is given to all customers that use our products. If you have any questions about this Privacy Policy, please contact our Privacy Officer.
OUR PLEDGE REGARDING HEALTH INFORMATION:
The following are some, but not all types of the health information we may obtain from or about you ("Health Information):
We understand that Health Information about you is personal. We are committed to protecting your Health Information. We create a record of the services we provide. We need this record to provide you with quality services and to comply with certain legal requirements. This Privacy Policy applies to all of the records of your services generated by us. This Privacy Policy explains how we may use and disclose Health Information about you. We also describe your rights to this Health Information, and describe certain obligations we have regarding the use and disclosure of your Health Information. We are required by law to:
We are also required to comply with any federal or state laws that impose stricter standards than the uses and disclosures described in this Privacy Policy.
HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU.
The following categories describe different ways that we use and disclose your Health information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.
For Our Operations: We may use and disclose Health Information about you for operations of our business. These uses and disclosures are necessary to run our business and make sure that all of our customers receive quality services. For example, we may use Health Information to review our services and to evaluate the performance of our staff in providing you the services. We may also combine Health Information about many customers to decide what additional services we should offer, what services are not needed, or to compare how we are doing with others and to see where we can make improvements. We may remove information that specifically and/or uniquely identifies you from this set of Health Information so others may use it to study health care delivery without learning who our specific customers are.
Research: We may use and disclose your non-personally identifiable Health Information for research purposes. In no way will any personally identifiable information be included with any the Health Information that may be disclosed. All research projects, however, are subject to a special approval process by us and shall be at our sole discretion. This process evaluates a proposed research project and its use of Health Information, trying to balance the research needs with patients' need for privacy of their Health information. Before we use or disclose non-personally identifiable Health Information for research, the project will have been approved through this research approval process. We will always seek your pre-approval and ask for your specific permission if the researcher will have access to your name, address, or other personally identifiable information that reveals who you are, and you will always have the right to refuse to participate in such medical research or share such personally identifiable information with the researcher.
As Required By Law: We will disclose Health Information about you when required to do so by federal, state, or local law and in response to a court order, subpoena, warrant, summons or similar process. Prior to disclosing your Health Information in this manner, and only where we are permitted by law, we will attempt to advise you about such disclosure requests, but we can make no guarantees and will have no liability if we do not advise you prior to such disclosures.
Health Oversight Activities: We may disclose Health Information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws. Prior to disclosing your Health Information in this manner, and only where we are permitted by law, we will attempt to advise you about such disclosure requests, but we can make no guarantees and will have no liability if we do not advise you prior to such disclosures.
YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU. You have the following rights regarding Health Information we maintain about you:
Right to Inspect and Copy: You have the right to inspect your Health Information while under our supervision. You may also request copies of your Health Information that may be used to make decisions about your care. Usually, this includes health and billing records. To inspect and copy your health information, submit your request in writing to BrainTest Inc. SEZC. We may charge a fee for the costs of copying, mailing or other supplies and services associated with your request.
We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to Health Information, you may request that the denial be reviewed. Another licensed health care professional chosen by our company will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
Right to Amend: If you feel that Health Information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as we keep the information. To request an amendment, your request must be made in writing, submitted to our Privacy Officer, and must be contained on one page of paper legibly handwritten or typed. In addition, you must provide a reason that supports your request for an amendment. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
Any amendment we make to your Health Information will be disclosed to those with whom we disclose information as previously specified.
Right to an Accounting of Disclosures: You may request an accounting for any disclosures of your Health Information we have made, except for uses and disclosures for services, payment, and health care operations, as previously described. To request this list of disclosures, you must submit your request in writing to our Privacy Officer. Your request must state a time period which may not be longer than six years and may not include dates before July 1, 2017. The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw your request at that time before any costs are incurred. We will mail you a list of our disclosure records as they relate to your Health Information within 30 days of your request, or notify you if we are unable to supply the list within that time period and by what date we can supply the list; but this date will not be exceed a total of 60 days from the date you made the request.
OTHER USES OF HEALTH INFORMATION.
Other uses and disclosures of Health Information not covered by this Privacy Policy or the laws that apply to us will be made only with your written permission (which may be obtained digitally through your explicit implied consent). If you provide us permission to use or disclose Health Information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose Health Information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the services that we provided to you.
WHAT OTHER PERSONAL INFORMATION DO WE COLLECT?
We may collect the additional following types of information from or about you and your computer, mobile phone device and/or tablet (if applicable), which may include some information that can be used to identify you ("Private Personal Information"):
a) Information You Provide:
You may provide us with certain Private Personal Information, such as your:
b) Cookies
We, or a third party we engage to provide services to us, may store one or more cookies (a small text file containing a string of alphanumeric characters) on your device that uniquely identifies your browser. These cookies may store an API key, but no other personal information. BrainTest uses persistent cookies. A persistent cookie remains after you close your browser or mobile application, and may be used by your browser and mobile application on subsequent sessions of BrainTest. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, BrainTest may not function properly if the ability to accept cookies is disabled. By using BrainTest, you agree to accept the placement of cookies on your mobile device browser.
c) Site Logs
When you use BrainTest our servers may log certain information that your web browser sends to us. These logs may include information such as your web request, Internet Protocol address, type of device, type of browser, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request.
d) Analytics
We may partner with third party agents to provide analytics on usage of BrainTest by our users. The data collected by our agents may include: agent version, platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, iOS Identifier for Advertising, iOS Identifier for Vendors, Android Advertiser ID, Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI), Model, manufacturer and OS version of device, session start/stop time, device uptime, locale (specific location where a given language is spoken), mobile network code/mobile country code, time zone, network status (Wi-Fi, etc.), memory, disk, CPU and battery usage information.
Traffic and Usage
We may monitor traffic patterns, usage and related information. We use this information in order to optimize and assess usage of BrainTest. We reserve the right to disclose information about your usage of BrainTest, and demographics in forms that do not reveal your personal identity.
Use of Personal Information
We may use your Private Personal Information that we collect for the following purposes:
We do not and will not sell, rent, share or disclose your Health Information or Private Personal Information without first receiving your permission or as disclosed in this Privacy Policy.
Your Choices and Rights Regarding Your Private Personal Information
You may decline to submit Private Personal Information through BrainTest, in which case we may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Use, please uninstall and discontinue your use of BrainTest; your continued usage of BrainTest will signify your consent to, and acceptance of our Privacy Policy and Terms of Use.
We will take appropriate measures to ensure that the Private Personal Information we have about you is accurate, up to date, complete, relevant and not misleading. You have the right to access the Private Personal Information we have collected about you and, if such Private Personal Information is inaccurate, you have the right to request that we correct such Private Personal Information or erase it. Note that we have the right to deny your access to your Private Personal Information and we also have the right to refuse to correct such Private Personal Information but, if we deny you access or refuse to correct, we will provide a reason why. You also have the right to request that we attach to your Private Personal Information any statement you furnish to us that indicates how your Private Personal Information should be changed. Once a correction has been made or a statement of correction attached to your Private Personal Information, we will undertake to inform each person to whom such Private Personal Information has been disclosed of such correction or statement. We require at least 30 business days to correct your Private Personal Information, although we will acknowledge your request to correct your Private Personal Information within 20 business days of receiving your request.
If you wish to access the Private Personal Information we have collected about you, contact our Privacy Officer at the address listed at the end of this Privacy Policy. We may request a reasonable fee to furnish you with the response you request.
If we provide your Private Personal Information to third parties other than those who assist us in providing the BrainTest, we will notify you of the purpose for which the Private Personal Information is being shared. Your consent to such activity is implied because of our business relationship with you, but you may revoke your consent in the manner described above.
Transfer of Health Information and Private Personal Information
Your Health Information and Private Personal Information may be processed by us in the country in which it was collected and in other countries, including the United States and/or Canada, where laws regarding processing of Private Personal Information may be different than the laws in your country. Our servers may be located in the United States and Canada or other countries, and as such, your Health Information and Private Personal Information may be available to the U.S. government or its agencies under lawful orders made in the U.S.. Please be advised that through your continued use of BrainTest we may be transferring your Health Information and Private Personal Information to the U.S. and you expressly consent to that transfer and consent to be governed by U.S. law for these purposes.
We may delete your Health Information and Private Personal Information when such information ceases to be necessary. Summarized Data
We may also use your Private Personal Information to generate Summarized Data for internal use and for sharing with affiliates, subsidiaries, related companies and trusted business partners for planning and marketing purposes. "Summarized Data" means records which have been stripped of information potentially identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information. Your identity, Health Information, and Private Personal Information will be kept anonymous in Summarized Data.
Consent
By providing Health Information and Private Personal Information to us and using BrainTest you voluntarily consent to the collection, use and disclosure of Health Information and Private Personal Information as specified in this Privacy Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Health Information and Private Personal Information in specific circumstances. Sometimes we may imply your consent through your conduct with us, and rely on that, if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.
You may revoke any and/or all consents you have given to us; in order to revoke such consent(s), please contact our Privacy Officer in writing at the address listed at the end of these terms. At least 30 business days are required to effectuate your revocation of consent from the time we receive it. Please note, however, that revocation of any consent does not have retroactive effect.
Opting Out
You may wish to opt out of receiving certain information and communications from us. You may do so by contacting us at the addresses at the end of this Privacy Policy. If you wish to opt out of having cookies placed on your device you can do this be adjusting your browser settings as explained above.
Your Security and Health Information and Private Personal Information
We take reasonable steps to ensure that your Health Information and Private Personal Information is kept safe from loss, unauthorized access, modification or disclosure. However, due to the nature of wireless technology and potential security breaches, we cannot ensure the security or privacy of information you submit through BrainTest, including Health Information and Private Personal Information. Please remember that you control what Health Information and Private Personal Information you provide while using BrainTest. Ultimately, you are responsible for maintaining the secrecy of your Health Information and Private Personal Information in your possession. Always be careful and responsible regarding your Health Information and Private Personal Information. We are not responsible for, and cannot control, the use by others of any information which you provide to them or make public in any way and you should use caution in selecting the Health Information and Private Personal Information you provide to others.
Traffic and Usage
We may monitor traffic patterns, usage and related information. We use this information in order to optimize and assess usage of BrainTest. We reserve the right to disclose information about your usage of BrainTest, and demographics in forms that do not reveal your personal identity.
Merger or Sale
In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign all your Health Information and Private Personal Information, and any other information we have collected from you and our users as part of such merger, acquisition, sale, or other change of control.
Right to a Paper Copy of This Privacy Policy
You have the right to obtain a paper copy of this Privacy Policy at any time. To obtain a copy, please request it by email to support@braintest.com. You may also use the Internet to obtain a copy of this Privacy Policy from the "Contact Us" link at our website, www.braintest.com. Even if you have received a notice electronically, you still retain the right to receive a paper copy upon request.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this Privacy Policy. We reserve the right to make the revised or changed Privacy Policy effective for Health Information and Private Personal Information we already have about you as well as any information we receive in the future. We will post a copy of the current Privacy Policy in BrainTest. The Privacy Policy will contain on the first page, in the top right-hand corner, the effective date.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with us. To file a complaint with us, contact the Practice Privacy Officer. All complaints must be submitted in writing.
BrainTest Inc. SEZC, Privacy Officer P.O.BOX 10315 Grand Cayman, Cayman Islands, KY1-1003
Effective Date July 1, 2017 BrainTest Inc. SEZC | all rights reserved