Welcome to BrainCert, Inc. (“BrainCert”). This Privacy Policy outlines how we collect, use, maintain, and disclose information, including personal data, from our users (“User” or “you”). This applies to all interactions through our website www.braincert.com, our eLearning applications, and any associated services offered (collectively referred to as the “Services”). Additionally, this policy details your rights concerning the use, access, and correction of your personal data. It governs your engagement with all products and services provided by BrainCert, Inc. By using our Services, you agree to the collection and use of information in accordance with this policy.

Specifically, this Privacy Policy describes our practices regarding –

BrainCert is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

This Privacy Policy forms part of our Terms of Use. BrainCert may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. .If you do not wish to provide us with such Personal Data, or to have it processed by us or any of our Service Providers (defined below), please simply do not enter our Sites or use our Service. You may also choose not to provide us with “optional” Personal Data, but please keep in mind that without it we may not be able to provide you with the full range of our services or with the best user experience when using our Service.

1. Data Collection

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, make a purchase, participate in a contest or promotion, communicate with us via third party social media sites, interact with a message board, apply for a job, request customer support, use our platform or otherwise communicate with us.

How We Process Personal Data

At BrainCert, we process personal data to enhance user experience, improve our services, fulfill service requests, and maintain engagement through our website and eLearning applications. Specifically, we handle user identifiers such as names, email addresses, and phone numbers; commercial information including transaction details and purchase history; professional or employment-related information; and technical data such as IP addresses and log information. This comprehensive data processing enables us to manage user accounts, provide personalized customer support, conduct transactions, and communicate updates and promotional information tailored to user preferences.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities .The types of information we may collect include: (1) identifiers, such as your full name, phone number, email address, postal mail address, unique personal identifier, online identifier, internet protocol address, (2) commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (3) professional or employment-related information such as company name, company payment information, and business contact information (e.g., business phone number, address, or email); and (4) any other information you choose to provide.

Transactional Information

When you make a purchase, we collect information about the transaction, such as purchase details, purchase price, and date and location of the transaction. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.

Third-Party Payment Processor

We do not store your credit card information in our systems. We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/us/privacy.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Log Information

We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.

Information Collected by Cookies and Other Tracking Technologies

We and our service providers use various technologies to collect information, including cookies. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits.

Integrations with Other Services

You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches as well as the opportunity to connect the Services with other third-party services that you use in your business. These integrations may require you to input information about you or result in the disclosure of information about you from the Services to a third party, or cause the Services to receive information about you from a third party with whom you instruct us to integrate. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine; (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages); or (iv) transmit information about you to or from the Services, depending on the policies of that website. Please note that when you enable an integration between the Services and a third party, any information about you that is transmitted to a third party will be subject to the policies and procedures of that third party and not of BrainCert.

Record of consents and processing activities

We store and track any consent given by you on this website in order to register, create an account, contacting us, requesting for support or sending a promo code request, etc. We keep a consents registry for users that accepted our privacy policy.

We keep a record of processing activities entitled to the owner of this website in order to be compliant with the EU GDPR article (EU) 2016/679.

2. Data Uses

How we use collected information

BrainCert Inc may collect and use Users personal information for the following purposes:

To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.

To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site:We may use feedback you provide to improve our products and services.

To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

To prevent misuse: Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

To comply with law: To comply with legal obligations, as part of our general business operations, and for other business administration purposes.

3. Cookies and Tracking Technologies

How we use cookies and essential cookies

We and our service providers use cookies and similar tracking technologies to manage and enhance your experience on our site. These technologies are used for stability, efficiency, and customization of the user experience.

Types of Cookies Used:

  • Essential Cookies: These are necessary for basic site functions and are required for secure logins and site navigation.
  • Performance and Analytics Cookies: Tools like Google Analytics provide insights into traffic patterns and how users interact with our site, helping us enhance service effectiveness.
  • Functional Cookies: These remember user preferences and are used for personalization, improving user experience.
  • Advertising Cookies: We use these cookies to deliver targeted advertising based on user activity and preferences. They help in optimizing marketing campaigns.
  • Social Media Cookies: Enable interaction with social media platforms like Facebook and Twitter, potentially affecting the content and ads seen on other websites.
  • Customer Interaction Cookies: HubSpot cookies help us manage and track customer interactions, enhancing customer service and user engagement.

Managing Cookies:

You can configure your browser to refuse some or all cookies, or to alert you when websites set or access cookies. If you disable cookies, please note that some parts of this site may become inaccessible or not function properly.

  • Browser Settings: Most web browsers allow some control of most cookies through the browser settings. To find out more about how to manage and delete cookies, visit wikipedia.org, www.allaboutcookies.org.

Third-Party Cookies:

Our site includes features from third-party services, which may use cookies that collect information such as your IP address and the pages you visit on our site. We do not control these third-party tracking technologies, so we recommend you review the privacy policies of these third-party services for more information.

4. Data Subject Rights

Canceling Your Account

You may cancel your account and you may opt out of receiving any emails from BrainCert at any time by changing the settings in your account settings page. Deleting your account may not delete all the BrainCert's data in the account to be permanently deleted from our systems and you may contact support team to delete all uploaded or created contents within a reasonable time period. Deleting your account will disable your access to any other services that require a BrainCert account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

Email Opt Out

We also email to our Customers newsletters, announcements regarding BrainCert platform and product updates, or marketing material. If you are a Customer and no longer wish to receive such emails you can remove yourself from the recipients list at any time by selecting the "unsubscribe" link provided within the e-mail footer.

Personal Information Changes

You may modify your personal information by logging in and visiting your settings at “My Account” page in the eLearning Platform or other relevant account settings page in the application specific page you are using.

If you withdraw your consent to the processing of your personal data for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your personal data after you have withdrawn consent and requested that we delete your personal data, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.

If you need assistance accessing or modifying your personal data or wish to delete your personal data, please email us at [email protected].

5. Data Security

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Data Ownership

Although BrainCert owns the platform, codebase, databases and applications, and all rights to the BrainCert platform and services, Customers retain ownership, control and all rights to their records and data which are their property.

Data Retention

We will hold your information for as long as necessary to fulfill the purposes set forth in this Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

6. Additional Information for EU/EEA and Swiss Residents

In addition to the rights above, residents of the EU, EEA and Switzerland have further rights which are detailed below. Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply.

We will require you to verify your identity before responding to any requests to exercise your rights.

Residents of the EU, EEA, and Switzerland

In addition to the rights outlined above, where the GDPR or related data protection laws apply, you may:

  • Ask whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
  • Request that we delete the personal information we hold about you in certain limited circumstances.
  • Request that we stop processing the personal information we hold about you.
  • Request that your personal data be provided to you or another organization in a structured, commonly used and machine-readable format, in certain limited circumstances.
  • Object to our processing of data about you, including in relation to processing your personal data for marketing purposes.

For more information about your privacy rights under the GDPR, please review this GDPR Addendum.

7. Data Privacy Framework (DPF)

BrainCert, Inc. (“BrainCert”) complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. BrainCert, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. BrainCert, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Dispute Resolution

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, BrainCert, Inc. is committed to resolving any complaints regarding the handling of personal data received under these frameworks. If you have a complaint, we encourage you to contact us first at [email protected], and we will attempt to resolve it directly within 45 days. For complaints that remain unresolved, BrainCert, Inc. refers these to JAMS, an alternative dispute resolution provider based in the United States. We will cooperate fully with JAMS in the resolution of such complaints. If you do not receive a timely acknowledgment of your complaint from us, or if you are not satisfied with our resolution, you may then submit your complaint to JAMS by visiting https://www.jamsadr.com/DPF-Dispute-Resolution. The services provided by JAMS are at no cost to you.

Regulatory Oversight

BrainCert is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). We are committed to adhering to the regulations and guidelines set forth by the FTC to ensure the protection of your personal data and privacy rights.

Binding Arbitration

Under certain conditions, individuals may have the option to invoke binding arbitration for complaints regarding DPF compliance that have not been resolved by other mechanisms. For more information, please refer to Annex I of the DPF Principles.

Legal Disclosures

BrainCert may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

For additional details, please refer to our Data Privacy Framework (DPF) program notice page here.

8. Privacy Policy Changes

Changes to this privacy policy

BrainCert Inc has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

9. Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

BrainCert, Inc.
2201 Cooperative Way, Suite 600
Herndon, VA 20171
USA.

E-mail: [email protected]