Brain Key aims to provide you the same privacy rights and protections that you would receive from any entity bound by the Health Insurance Portability and Accountability Act (HIPAA), such as your doctor. You can review your rights under HIPAA here.
We generally collect the following information:
We generally process Personal Information for the following reasons:
BrainKey gives you the ability to share information in a variety of ways. You choose:
Your Personal Information may be shared information in the following ways:
BrainKey will not sell, lease, or rent your individual-level information to any third-party or to a third-party for research purposes without your explicit consent.
BrainKey implements measures and systems to ensure confidentiality, integrity, and availability of BrainKey data.
There may be some consequences of using BrainKey Services that you haven't considered.
We may receive reports based on the use of these technologies from third-party service providers as de-identified, Individual-level Information or as Aggregate Information (as described in section 4.c). We and our third-party service providers do not use your Sensitive Information, such as Imaging Information and Self-Reported Information, for targeted advertising.
Google Analytics. Google Analytics is used to perform many of the tasks listed above. We use the User-ID feature of Google Analytics to combine behavioral information across devices and sessions (including authenticated and unauthenticated sessions). We may utilize any of the following Google Analytics Advertising features: Remarketing, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and DoubleClick Campaign Manager integration. We do not merge information collected through any Google advertising product with individual-level information collected elsewhere by our Service. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.
For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland (collectively the “Designated Countries”): We process your Personal Information in this way to provide our Services to you in accordance with our Terms of Service.
As described above, to receive results, you must create a BrainKey account and upload your Imaging Information. Once we receive your Imaging Information, we further analyze it to provide you with our Services. BrainKey continuously works to improve our Services based on our research and product development, and imaging associations identified in scientific literature. If you are eligible to receive additional reports or updates in the future, you may be notified of or may directly access these updates.
BrainKey may provide you the ability to share information, including Personal Information, through the Services. You may the option to share directly with individuals with BrainKey accounts through sharing features and tools. You may also have the ability to share information directly with individuals who have not participated in our Service via a unique, shareable URL or through a social media platform (such information is "User Content"). Some sharing features, including receiving sharing invitations, may require that you opt-out, however you will always be required to take a positive action, such as opting in, to share sensitive data.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
You have the choice to participate in BrainKey Research by providing your consent. "BrainKey Research" refers to research aimed at publication in peer-reviewed journals and other research funded by the federal government (such as the National Institutes of Health - NIH) conducted by BrainKey.
BrainKey Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. BrainKey Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. BrainKey Research uses Aggregate and/or Individual-level Imaging Information and Self-Reported Information as specified in the appropriate Consent Document(s), as explained in greater detail below.
Withdrawing your Consent. You may withdraw your consent to participate in BrainKey Research at any time by changing your consent status within your Account Settings. If you experience difficulties changing your consent status, contact firstname.lastname@example.org. BrainKey will not include your Imaging Information or Self-Reported Information in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research involving your data that has already been performed or published prior to your withdrawal from BrainKey Research will not be reversed, undone, or withdrawn. You may also discontinue your participation in BrainKey Research by deleting your BrainKey account (as described in section 5.d).
Research is an important aspect of BrainKey’s Services and we want to ensure interested participants are aware of additional opportunities to contribute to interesting, novel scientific research conducted by academic institutions, healthcare organizations, pharmaceutical companies, and other groups. If you have chosen to participate in BrainKey Research, from time to time we may inform you of third-party research opportunities for which you may be eligible. For example, if a university tells us about a new cancer research project, we may send an email to BrainKey research participants who potentially fit the relevant eligibility criteria based on their Self-Reported Information to make them aware of the research project and provide a link to participate with the research organization conducting the study. However, we will not share Individual-level Imaging Information or Self-Reported Information with any third-party without your consent. If you do not wish to receive these notifications, you can manage them by editing your preferences in your Account Settings.
When you contact email@example.com, we may use or request Personal Information, including Sensitive Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In some instances, we may be required to process one customer’s Personal Information to resolve another customer’s dispute or request. For example, if a customer reports behavior that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each individual as appropriate. We will not share your Personal Information with another customer without your consent.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
We value your feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them in your Account Settings.
By creating a BrainKey account, you are agreeing that we may send you product and promotional emails or notifications about our Services, and offers on new products, services, promotions or contests. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or go to the “Preferences” section of your Account Settings to edit your email notification preferences. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails.
Individuals located in Designated Countries should review Section 9.d. to understand our marketing practices in relation to the Designated Countries.
We share the information described above in Section 2 with our third-party service providers, as necessary for them to provide their services to us and help us perform our contract with you. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve our Services. While BrainKey directly conducts the majority of data processing activities required to provide our Services to you, we engage some third-party service providers to assist in supporting our Services, including in the following areas:
NOTE: Our service providers act on BrainKey's behalf. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from "Individual-level" information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data. For example, Aggregate Information may include a statement that "30% of our female users share a particular brain feature," without providing any data or testing results specific to any individual user. In contrast, Individual-level Imaging Information or Self-Reported Information consists of data about a single individual's genotypes, diseases or other traits/characteristics information and could reveal whether a specific user has a particular genetic trait, or consist of all of the Imaging Information about that user. BrainKey will ask for your consent to share Individual-level Imaging Information or Self-Reported Information with any third-party, other than our service providers as necessary for us to provide the Services to you.
Under certain circumstances your Personal Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. For example, we may be required to disclose Personal Information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. BrainKey will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that BrainKey may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the BrainKey Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BrainKey, its employees, its users, its clients, and the public.
NOTE: If you are participating in BrainKey Research, BrainKey will withhold disclosure of your Personal Information involved in such Research in response to judicial or other government subpoenas, warrants or orders in accordance with any applicable Certificate of Confidentiality that BrainKey obtains from the National Institutes of Health (NIH). There are limits to what the Certificate of Confidentiality covers, so please visit the Certificates of Confidentiality Kiosk .
We provide access to your BrainKey data within your BrainKey account. If you lose access to your BrainKey account or account email address, please contact firstname.lastname@example.org for assistance. If you lose access to your BrainKey account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, BrainKey will not be able to sufficiently verify your identity in order to complete your request.
You may access, correct or update most of your Registration Information on your own within your Account Settings.
Individuals located in Designated Countries should review Section 9.e. to understand their rights to access Personal Information.
As noted in Section 3.h. you may be asked to opt-in to receive product and promotional emails or notifications when creating your BrainKey account depending on where you are located. Otherwise, you may view or update your email notification preferences by visiting your Account Settings or by contacting email@example.com. You can also click the "unsubscribe" button at the bottom of promotional email communications.
In general, it can be difficult to contain or retrieve Personal Information once it has been shared or disclosed. BrainKey will have no responsibility or liability for any consequences that may result because you have released or shared Personal Information with others.
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may delete your BrainKey account and Personal Information by request at firstname.lastname@example.org. Once we receive your request, we may request that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated Personal Information is deleted and any stored samples are discarded, subject to the following limitations:
BrainKey takes seriously the trust you place in us. BrainKey implements physical, technical, and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your Personal Information.
Your Responsibility. Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, and other authentication information you use to access our Services. You should not disclose your authentication information to any third-party and should immediately notify BrainKey of any unauthorized use of your password. BrainKey cannot secure Personal Information that you release on your own or that you request us to release.
Your information collected through the Service may be stored and processed in the United States or any other country in which BrainKey or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions which may be different from the laws of your country of residence.
BrainKey is committed to protecting the privacy of children as well as adults. Neither BrainKey nor any of its Services are designed for, intended to attract, or directed toward children under the age of 18. A parent or guardian, however, may collect a brain scan from, create an account for, and provide information related to, his or her child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides to BrainKey about his or her child is kept secure and that the information submitted is accurate.