About This Policy

This Privacy Policy describes the privacy practices of BrainSim Technologies Inc. (collectively, “BrainSim Technologies”, “we,” “our,” or “us”) with respect to how we collect, use, store, disclose and transfer the information (a) you provide when you interact with us through our websites and when you communicate with us through other means such as email, text (SMS), internet (web) chat, or telephone, and (b) provided by your institution and you, for its (and your) use of our applications and cloud-based services (the “BrainSim Technologies Services”) – please see below under BrainSim Technologies Services-Customer Data. This Privacy Policy governs websites owned or operated by BrainSim Technologies that provide a link to this Privacy Policy on the homepage of the site.

Data Controller or Data Processor

BrainSim Technologies is the data controller for data described by this policy except as specified below, which means that BrainSim Technologies determines the purposes and means of the processing of personal data. BrainSim Technologies is the data processor with respect to personal data submitted to and stored on the BrainSim Technologies Services for hosting and processing purposes as further described below under BrainSim Technologies Services-Customer Data.

Types of Information We Collect About You

Information you or your Institution may provide
Depending upon the BrainSim Technologies Sites you are accessing or other method of contact, we may collect information such as

• Contact details such as (for example) your full (i.e., first and last) name, institutional affiliations, phone number, email address, and postal address
• Personal data: Profile pictures (“selfies”) and corresponding finite element mesh data. Biological sex information (i.e. male or female). Affiliations including sports teams, military units, school, club, and other types of organizational constructs you may belong to.
• Physician or doctor’s name, and other medical history such as history of concussions or head trauma.
• Positional information associated with your organization, sport or job duty, e.g. quarterback or left breacher.
• Head impact data: accelerations and other sensor data from third-party sensors. This data will include date and possibly location. Some sensor also provide environmental overpressure data.
• Usernames and passwords that may be used on some of the BrainSim Technologies Sites
• Comments, feedback, posts and other content you submit to the BrainSim Technologies Sites
• Information you provide to or post on message boards or chat rooms that are part of the BrainSim Technologies Sites
• Interests and communication preferences.

You may not be given advanced notice of what information specific to you we are collecting but we do our best to keep this policy up-to-date.  If you have questions, please contact our team directly. Posting information on message boards or in chat rooms is never required.

Information collected automatically
As you navigate the BrainSim Technologies Sites, BrainSim Technologies may also automatically collect information about you or your computer or device that does not directly identify you. This information may include IP address and device identifiers, information about your Internet connection and information about the equipment or software you use to access the BrainSim Technologies Sites. Such information is only collected to the extent that it is necessary for us to provide services that you use, to optimize your user experience, and/or to make improvements to the BrainSim Technologies Sites and service offerings. BrainSim Technologies does not serve third party advertising.

When you sign up on our site, you agree to all of our terms and conditions concerning your data and what we do with it. You may not have the ability to choose to opt out of inclusion of your personal information after sign up, although we are trying to add that capability in. 

How We Collect Information About You

We collect information about you in three main ways:

• Information Directly Provided by You or Your Institution: We collect information about you when you register for services, download an app, sign up for email or text alerts, request products or services, respond to surveys, fill out registration forms on an BrainSim Technologies Site or otherwise for events, register for or view webinars; create a profile, publicly post or share content, contact us, use social media connections, and/or otherwise interact with BrainSim Technologies Sites. We may receive and store information provided by your institution to the extent required to perform a contracted service.
• Information Collected Automatically Using Technological Means: As described above under Information Collected Automatically, we collect certain information automatically using technological means. We also use cookies as further described below under Cookies and Similar Technologies. You may set your browser to block all cookies, including cookies associated with BrainSim Technologies Sites, or to indicate when a cookie is being set by us. However, it is important to remember that certain services may not function properly (or at all) if your cookies are disabled. Please see our Cookies and Tracking Information page (https://www.brainsim.health/cookie-policy) for more information about how we use cookies.
• Information Collected Through Third Parties: We may receive information about you from customers and business partners for referral and reference purposes.

Cookies and Similar Technologies

BrainSim Technologies uses cookies to manage and improve the functionality of our websites and to enable us to better understand how you use our services. A cookie is a tiny text document, which usually includes anonymous information about the user. Unless specifically noted on our Cookies and Tracking Information page (https://www.brainsim.health/cookie-policy), our cookies are not used to serve advertising and we do not provide any usage or search data to advertising agencies. You can set your browser to not accept BrainSim Technologies’ cookies, but you might not be able to access all aspects of the BrainSim Technologies Site you are visiting.

How We Use and Share Information About You

BrainSim Technologies creates individual-specific numerical models trying to predict what happens inside the brain after an impact or overpressure loading. Note, it is not an FDA approved medical device. If you have concerns about your brain health, please see a trained medical professional. We use your profile (“selfie”) image to create a three-dimensional model of your skull and brain. Every time an impact or blast occurs we run a simulation to predict intracranial strains. Sensor data and simulation data is saved to your profile over time. This information may be used to form injury criteria, inform us and our partners how the brain is performing in different scenarios, sharing with doctors to see if the product is useful for them. We share the data with academic institutions and researchers trying to learn if brain simulations are useful in a clinical setting. BrainSim Technologies uses the information we collect to perform the services requested, for the purposes of authorizing and processing transactions, authenticating users, customer service, customer support, content processing, content classification, and providing you with information concerning BrainSim Technologies services. We will retain this information for as long as the customer account is active or as needed to provide the BrainSim Technologies services, comply with our legal obligations, resolve disputes, and as needed to comply with or enforce our licenses and other agreements.

To be clear, we do not access or use Customer Data (as defined below) processed through the BrainSim Technologies Services except for the purposes set forth in our agreement with the relevant customer. Please see below under BrainSim Technologies Services-Customer Data.
BrainSim Technologies remains responsible for the personal data that we share with third parties for processing on our behalf, and we remain liable under this privacy policy if such third parties process such personal data in a manner inconsistent this privacy policy and we are responsible for the event giving rise to the damage. We cannot be reliable for any assessment either made or not made because of our technology because we are not a medical device of any kind. Even though we may use your data to eventually gain FDA approval, at this time we BrainSim Technologies is not a medical device. If you have concerns about your brain health or brain injuries, please see a trained medical professional.

Please keep in mind that any information you disclose publicly – either in a public profile or through message boards or other public areas – may be collected and used by others, may be indexable by search engines, and might not be able to be erased from public view to the extent they have been copied to external sites. Please be careful when disclosing personal information in these public areas.

The following is a list of instances where we may share your information with third parties:

• Institutions or Businesses: If you access a service through your affiliation with an institution or through your employer, your information and certain usage data gathered through the BrainSim Technologies service may be shared with the institution or business for the purposes of usage analysis, access and license management, collection management, contract and regulatory compliance, and cost allocation.
• Publishers/Content Providers: We may provide your information to publishers so that they understand how their content is being used and consumed.
• Service Providers: At times BrainSim Technologies may hire other companies to process data or do work on our behalf. This is always pursuant to a contract that requires the third-party service provider to protect your information consistent with this privacy policy. These companies are only provided the information they need to perform their functions and the information can only be used to perform the services on our behalf or to comply with legal requirements. In general, we do not share personal information to third parties for direct marketing purposes, however that is not guaranteed. In cases, where we want to share your information for marketing purposes we will contact you (the user) and gain verbal or written permission.
• Message Boards and Other Public Areas: Information you post on message boards, chat rooms, or other public areas that are part of the BrainSim Technologies Sites is public and will not be kept private.
• Affiliates: To facilitate BrainSim Technologies’ global operations, BrainSim Technologies may share and transfer information we collect with its affiliates located in countries around the world. For example, BrainSim Technologies may need to share such information with other companies within the BrainSim Technologies corporate family for customer support, marketing, technical operations and account management purposes.
• Contests and Sweepstakes: We may publicly disclose the name, city and state of contest and sweepstakes winners as permitted by the contest/sweepstakes rules or as required by law.  You may be required to consent to such disclosure if you wish to enter a given contest or sweepstakes.
• Sale or Purchase of Business or Assets: If BrainSim Technologies is involved in a merger, acquisition, or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
• Legal Reasons: We will disclose information to cooperate with law enforcement, government or regulatory bodies, content protection organizations, or judicial processes as required by the applicable laws and regulations. We may also use or disclose information to enforce or protect the rights or safety of BrainSim Technologies Services users, us, or others.  We will provide notice to individuals prior to such disclosures, to the extent it is practicable to do so and allowed by law.

Security

BrainSim Technologies takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, data that you share and that we collect and store. These security measures may include practices such as keeping your data on a secured server behind a firewall, internal reviews of our data collection practices and platforms, industry-standard encryption technologies, and physical security measures to guard against unauthorized access to systems where we store your information.

If you have reason to believe that a third-party has gained unauthorized access to your information, please contact us immediately at support@brainsim.health. If BrainSim Technologies becomes aware of any data breach, we will notify affected individuals or, with respect to BrainSim Technologies Services, affected institutions as soon as reasonably possible.

Your Rights and Choices

Access, Correction, and Erasure

Postings from message boards or other public areas, may be deleted by using the tools provided when you are logged-in to the particular service; or you may contact BrainSim Technologies at support@brainsim.health with the details and location of the content (such as a direct link to the information), and BrainSim Technologies will make commercially reasonable efforts to remove the content.

You may request to review, correct or delete the personal information that you have previously provided to us through the BrainSim Technologies Sites. For requests to access, correct or delete your personal information, please send your request along with any details you may have regarding the method by which the information was submitted to support@brainsim.health. Requests to access, change, or delete your information will be addressed within a reasonable timeframe.

To the extent applicable, you may also have the right to data portability, the right to restriction of the processing of your personal information and/or the right to file a complaint with the relevant data protection supervisory authority in charge in the EU.  To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password, user ID, or other verification before granting access to or removing your information.  Please note that where we are acting as a processor of personal data for our customer, we may first refer your request to the customer that submitted your personal data, and we will assist our customer as needed in responding to your request, as further described below under BrainSim Technologies Services-Customer Data.
Please contact support@brainsim.health for more information about exercising these rights.

Data Retention and Deletion

If you request to delete your personal information, we will endeavor to fulfill your request but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.

BrainSim Technologies may retain your information for a period of time consistent with the original purpose of collection, and for a reasonable time thereafter in accordance with applicable law. We also may retain your information during the period of time needed for BrainSim Technologies to conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

Children

The BrainSim Technologies Sites are typically general audience websites, intended for use by users aged 13 and older.

We do not market to nor intentionally collect any personally identifiable information from children under 9 years of age. If you are under 9, please do not register for any of our services or Sites or provide us with any personally identifying information (such as your name, email address or phone number). Please contact support@brainsim.health if you are aware of any personal information supplied to one of BrainSim Technologies Sites by a child under the age of 9.

Links to Other Services and Websites

The BrainSim Technologies Sites may contain links to information created and/or maintained on third-party websites. The third-party website will be displayed in a new browser window and the user will no longer be in the BrainSim Technologies environment. When users select a link to an outside website, they are leaving the BrainSim Technologies Site and are subject to the privacy and security policies of the owners of the third-party website. We are not responsible for, and we do not endorse or control, the policies or practices of any such website or services.

In some cases, we may embed a content feed, video player or other application from a third party into the BrainSim Technologies Site, and those feeds, players, or other applications may appear to be part of the BrainSim Technologies Site, even though they are provided or served by a third party. Such feeds, video players, and/or applications do not collect personal information from you.  If information is required for the performance of the service, the service provider is required to protect your information consistent with this privacy policy. For further information, please see the “How We Share Information About You” section of this policy.

BrainSim Technologies Services –

Customer Data

BrainSim Technologies customers submit data and information to the BrainSim Technologies Services for hosting and processing purposes (“Customer Data”). Our customers are data controllers with respect to Customer Data and BrainSim Technologies is a data processor. The BrainSim Technologies Services include cloud-based library management, discovery, research, mobile/web platforms for students and other institutional end users and other software as a service or hosted solutions and related services specified in our agreements with such customers. Customer Data collected is listed in the “Types of Information We Collect About You” section.

BrainSim Technologies will not use or share any such Customer Data except as provided in its agreements with such customers, or as may be required by law. In accordance with such agreements, BrainSim Technologies may access, transfer and process Customer Data only for the purpose of providing the BrainSim Technologies Services, preventing or addressing service or technical problems or other purposes as set forth in such agreements or required by law.

BrainSim Technologies acknowledges that you have the right to access, correct, amend and delete your personal information. If personal information pertaining to you as an individual has been submitted to us by an BrainSim Technologies customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our customer directly. Because BrainSim Technologies is subject to our agreements with customers (as the data controller) with respect to your personal information stored on the BrainSim Technologies Services, if you wish to make your request directly to BrainSim Technologies, please provide the name of the BrainSim Technologies customer who submitted your data to the BrainSim Technologies Services. We will refer your request to that customer, and will support the customer as needed in responding to your request within a reasonable timeframe.

Updates to Our Privacy Policy

From time to time, we may revise this Privacy Policy. If we make material revisions to the way we collect or use your information, we will provide you with notice of those changes by either: (1) notifying you directly, (2) announcing the change on the BrainSim Technologies Sites, and/or (3) posting the revised version of this Privacy Policy online.

You can determine when this Privacy Policy was last revised by referring to the “Last Updated” on this page. By continuing to use BrainSim Technologies Sites after such updates, you affirm your agreement with the terms of the Privacy Policy. If we have made changes you don’t agree with, you are free to request that we delete your information as set out in the Your Rights and Choices section above.

Questions

For any questions on this Privacy Policy or our data practices, you can contact us at support@brainsim.health. Despite the measures outlined in this Privacy Policy, BrainSim Technologies cannot guarantee the security of any information that is disclosed online.  To the extent permissible under law, BrainSim Technologies shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages relating to this Privacy Policy.

Record of Changes

Type of Information	Document Data
Document Title:	BrainSim Technologies Inc. Privacy Policy
Document Owner:	Reuben Kraft - BrainSim Technologies Inc. Chief Engineering and Information Security Officer (CISO)
Approved by:	Reuben Kraft – Founder/Chief Engineer
Issued:	09/18/2021
Reviewed & Revised:	09/18/2021

Revision Control

Version Number	Nature of Change	Date Approved
1.0	Initial version	09/18/2021