Privacy policy

Details about Us:

The name and details of Us can be found in the welcome email sent to you upon subscribing to the website. In addition, it can be found after logging in to the website brain-metrics.com in the footer of this website, and on the My Account details page on brain-metrics.com/account.

We are bound by the applicable privacy legislations and regulations, including the General Data Protection Regulation (GDPR). We are responsible for keeping Your administration and data management for analysis and marketing purposes. We have the duty to carry out Our responsibilities under the GDPR. We are responsible for all data processing on behalf of Us, including brain-metrics.com.

In Our processing We comply with the relevant privacy legislation. That means that:

• - We clearly state the purposes for processing Your personal data;
• - We aim to limit the collection of personal data;
• - We, if so required, obtain consent before processing Your personal data;
• - We take appropriate security measures to protect Your privacy and personal data;
• - We respect Your rights over the personal data of You.

If You have any question regarding the collection and use of Our data, You can contact Us via [email protected]

By accessing and using Our services, You acknowledge that You have read, understand, and agree to be bound by the terms of this Privacy and Cookie Statement. If You do not agree with the terms hereof, You must not accept this Privacy and Cookie Statement and may not access and use Our services. This Privacy and Cookie Statement does not apply to the practices of companies that We do not own or control, or to individuals that We do not employ or manage.

1. What information or personal data does We collect from You and why?

We may collect and process personal data and other information as listed below (collectively referred to as "Data") to perform Our obligations under the contract You signed with Us, or to provide Services to You.

Please note that We do not collect or process any sensitive personal data (i.e., data which directly or indirectly reveals racial or ethnic origins, political, philosophical or religious opinions or trade union membership, as well as genetic, biometric data for the purpose of identifying a single natural person or which relates to health or sexual life, and for any such purpose). Therefore, We ask You to abstain from sending any such data over to Us.

Our contracts and registration forms indicate any specific Data which You are required to provide.

1.1 Personla Data

Personal Data means information that directly or indirectly relates to You as an identified or identifiable natural person. This may concern, depending on the contract, the Sites, the Products or Services, Your status and/or the means of collection, all or part of the following Personal Data:

1. Name(s) and surname;
2. Postal address (invoicing or delivery);
3. Landline or mobile (personal or professional) phone number;
4. Email address;
5. Banking information (bank or other accunt information, bank account details, credit/charge card information, number, expiry date, visual cryptography);
6. Passport number or ID number;
7. Spoken language or chosen language for the Sites or Services;
8. Any confidential information to help You recall Your personal identifiers or passwords;
9. IP address (number automatically assigned by Your Internet Access Service Provider or the MAC address of Your electronic devices from which access to the Site(s) is made and which are subject to an automatic identification and recording for each use of the Site(s);
10. Demographic data on Yous (e.g. age, gender, place of residence);
11. Technical information, such as cookies;
12. Geolocation data (country level only);

1.2 Other Information

We also collects other data that does not necessarily lead, directly or indirectly, to Your identification as a natural person ("Other Information").

In such a case, We will process it in accordance with the conditions described and for the purposes set out in section 3 below. These Other Information may be:

1. Information on Your Internet browser and devices to access the Sites, such as the type of device, screen resolution, version of operating system, type and version of the Internet browser, as well as the type and version of the Service used. A unique identifier may be assigned to the device from which Your access the Service(s) delivered by Us or its service providers;
2. Data relating to Your use of mobile applications or other communication services: within this context We may collect the unique identifier, as well as Other Information relating to the connecting device in order to provide content to the devices. It may also collect the date and time of access to the servers, as well as the downloaded files and information;
3. Server Log files to manage the Services, diagnose problems affecting the servers, or determine Your geolocation data (on country level);
4. Information collected using cookies, clear gifs, web beacons, pixel tags or other similar technologies;
5. Demographic or Other Information as long as it does not allow the person’s identification;
6. Information on the Services’ use via analytical tools enabling We to provide You with enhanced performance level. The information thus collected may provide Us with information regarding the most used services and functions, the type of equipment used, its characteristics, country, and downloading language.

2. What do We process Your Data for?

We process Your Data to:

1. Create and administer Your personal accounts;
2. Perform contractual obligations;
3. Provide Services;
4. Conduct and process various payment transactions;
5. Respond to Your requests or inquiries, or provide and improve Your support;
6. Communicate with You (e.g., administrative, promotional or commercial communications);
7. Provide, improve, optimise and customize Your experience;
8. Implement, ensure and improve Sites or Services security, combat fraud, and prevent data security breaches as defined by the GDPR;
9. Analyse, identify, improve and understand the Services and Sites functioning and the trends of the use of the Sites or Services;
10. Fulfil Our legal obligations;
11. Manage and administer Your Personal Data in compliance with GDPR;

3. How long does We use Your Data for? (data retention period)

We keep Data only for the time necessary to execute the contract, achieve the objective pursued, meet Your needs, execute the contract or meet Our legal obligations

The data retention criteria We established includes:

1. The term of the contract entered into by You with Us;
2. The retention period required by applicable law (i.e., accounting or archiving obligations);
3. The duration of Your consent for a specific use;
4. For prospects (in the absence of any subscription to a Service or purchase of a Product): 1 year or less from the day of the Data collection;
5. 12 months or less for cookies.

When We no longer need to process Your Data, We delete it from Our systems and databases or anonymise it so that You can no longer be identified.

4. Processing data with third parties

To comply in accordance with the agreement, We are able to employ a number of external parties who may also have access to Your data. In any case these parties will only store Your data for the amount of time required to perform their work. This personal data will under no circumstances be used for any purposes other than the work performed on behalf of Us, unless the person who is involved explicitly have been asked for permission. All external transfers of personal data are subject to data processing agreements if that is legally required.

We may process personal data to parties outside the European Economic Area (EEA) to provide the services. We ensure that the parties outside the EEA have a clear privacy policy and security measures. It is for the utmost importance to Us that the processing of Your personal data by those parties outside of the EEA is handled correctly.

For the hosting of the website We use a webhosting party, a web designer, other IT suppliers and service providers. Those parties have access to the database and therefor have access to Your personal data.

In addition, We use an external email service provider and other marketing companies for sending commercial emails and other (personal) marketing purposes. These parties have access to the (email) databases.

Furthermore We use support service providers such as legal service providers and customer support providers. Those parties have only access to specific personal data from customers who have a complaint or question.

For the processing of payments We use Payment Service Providers. Personal data, insofar as it is required for processing the payments, will be collected by the Payment Service Providers itself. The privacy statement of that specific payment provider applies to the collection of personal data necessary to provide their services.

In case You wish to receive more information about which data is used by the third parties, You can send an email to [email protected].

5. Hosting-storage and transfer of Your data outside the European Union

We take all necessary measures to host and store Your Data on servers located in the European Union.

Certain Data may be collected, transferred, hosted and/or more generally processed outside Your country or jurisdiction of residence. Data protection and data security requirements differ from place to place and may not offer the same level of protection as those of Your country or jurisdiction of residence or of origin.

However, We and Our subsidiaries take appropriate measures to protect the transfer of Your Data. Such measures include the use of data transfer methods approved by the European Commission, and written agreements with Our processors to ensure they process the Data they receive from Us according to the law.

In light of the above, Your Data may be accessed by law enforcement and/or regulatory authorities according to the applicable laws of such foreign jurisdictions.

We may, as specified in section 5 above, when needed, disclose Your Data to third parties’ partners in order to ensure the Sites’ or Services’ maintenance and security, offer certain features, or to improve the Sites’ and Services’ functioning and appearance or create new features.

We require such third parties to provide adequate confidentiality and security guarantees, to take the necessary physical, organisational and technical measures to protect and secure Your Data, in accordance with applicable law. Any transfer of data outside the European Union shall be governed by mechanisms approved by the European Commission and/or the local competent authorities.

6. Your privacy rights

Based on the current privacy legislation, data subjects have the following rights regarding their personal data:

1. Right of access: You have the right to access the personal data We process about You.
2. Right to rectification: if personal data We process about You are incorrect or incomplete, You have the right to correct or supplement it.
3. Right to object: You have the right to object to the processing of Your personal data and to direct marketing.
4. Right to erasure: You may request Us to erase Your personal data.
5. Right to withdraw Your consent: if the processing of Your personal data is based on consent, You can withdraw Your consent at any time.
6. Right to data portability: in certain circumstances and to the extent it is technologically possible, You have the right to have the personal data We process about You transferred to a third party.
7. Right to restrict processing: in some cases, You can request that We restrict the processing of Your personal data (temporarily or otherwise).

We will generally comply with Your request within one month. However, this period may be extended by two months depending on the specific privacy rights or the complexity of the request. If We extend this period, We will inform You in good time. We may ask You to identify yourself before fulfilling Your request. We do this, so that We can ensure that the requested personal data really belongs to You. Should You feel We have not been able to help You properly with any questions about Your privacy, You have the right to file a complaint with the Data Protection Authority in Your country.

7. Data breaches

We handle Your personal data with utmost care and do everything reasonably possible to store the personal data in a safe manner. If and to extent required, possible data breaches will be reported to both the “Data Protection Authority (DPA)” in the country We have Our registered office, and those whose personal data may have been compromised. In the event of a data breach, We will always take appropriate measures to safeguard the integrity of the website.

8. Cookies

We may use cookies and similar techniques (hereinafter: Cookies). With this (personal) data is collected, stored and/or shared via Your browser to remember Your preferences and to recognize You on a next visit. Cookies also enable Us to collect information about the use of the services of Us, to optimize them and to adapt them to Your wishes.

Most browsers are set to accept cookies by default. However You can reset the browser so that You do not receive cookies. This may mean that You can (partially) no longer use certain services of Us.

Cookies from third parties are also placed via Our platforms. In this case, the third-party cookie policy applies to the use of these cookies.

We use so-called session cookies and session storage on the website. Session cookies are functional cookies, intended to make the website function properly. It is not necessary to ask the internet You for permission before using session cookies. These cookies contain a different temporary number each time You visit the website. These functional cookies are deleted after closing the browser of You. By means of Functional Cookies, We ensures that the website functions properly.

In addition, We may use cookies for which we need Your consent. It is possible to set Your browser in such a way that cookies are handled in a certain way. For example, it is possible not to accept cookies or to only accept cookies from the website You are visiting and not from other domains. This may have consequences for You options or experience of the website. If You have any questions about cookies, please contact Us.

Marketing cookies from Us and third parties may be placed on Our website. Our marketing cookies may also be placed on third party websites. The information from the marketing cookies can be combined and allow that We can track which ads You how often have viewed, can prevent You from seeing the same ad every time and can make relevant offers based on Your online, surf, search and buying behavior.

We may use analytical cookies with the help of third parties to research and optimize the use of Our website. To this end, We may use Google Analytics under a data processor agreement with Google Inc. We then use settings that ensure that only anonymized IP addresses are processed (of which the last byte has masked), We have not given Google permission to use the data for their own purposes and We do not use any other Google services in combination with the Google Analytics cookies. If You want to disable these cookies, You can do so by using the Google Analytics Opt-out Browser Add-on.