Privacy Policy

Dwight Street Group LLC (dba Brainiac) (“Brainiac,” “we,” “us,” or “our”) provides the Services to its Customers and Experts (each as defined in the Terms of Service available at www.trybrainiac.com/terms. As part of our Services and in the context of our business, we will collect, use and possibly disclose (“process”) information that identifies you as an individual or relates to you as an identifiable individual. We call this Personal Information.

This Privacy Policy explains how we process Personal Information of:

1. Employees or authorized representatives of our Customers (“Customer Personnel”) and prospective Customers;

2. Employees or authorized representatives of the Experts engaged by our Customers (“Expert Personnel”);

3. Authorized representatives of our vendors, suppliers and business partners, and individuals who otherwise interact with us in the context of our business (“Third Party”); and

4. Visitors of our website (www.trybrainiac.com).

When we provide our Services to our Customers and Experts, we will also process Personal Information on behalf of our Customers and Experts and upon their instructions. This Privacy Policy does not cover such processing activities. If you are a client of either one of our Customers or an Expert, please consult the relevant Customer’s or Expert’s own privacy policy for information on how they handle your Personal Information.

COLLECTION AND PROCESSING OF PERSONAL INFORMATION

We collect Personal Information for various purposes and in various contexts as part of our activities. We describe these purposes in the tables below.

We may also collect information from sources such as publicly available databases, marketing partners, third-party providers, and data brokers.

1. Customer Personnel, Prospective Customers, and Expert Personnel

If you are Customer Personnel, a (representative of a) prospective customer or Expert Personnel, we will process your Personal Information for the following purposes.

2. Third Parties

3. Website Visitors

If you visit www.trybrainiac.com (the “Site”), we will process information (including information that is not Personal Information), such as log information, IP address, approximate location and other information collected through:

• Your browser or device;

• Cookies;

  • Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Site in order to continually improve its design and functionality, understand how it is used, and assist us with resolving questions regarding the Site. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular Site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Site.

• Pixel tags and other similar technologies;

  • Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of our services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of our services and response rates.

• Analytics. We may use analytics providers, which use cookies and similar technologies to collect and analyze information about use of the Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources.

4. General Processing Purposes

We may process any individual’s Personal Information for the purposes described below.

DISCLOSURE OF PERSONAL INFORMATION

We disclose Personal Information to the following third parties for the purposes described above:

• Third-party service providers, including:

  • Cloud infrastructure providers;

  • Analytics providers;

  • Compliance and identity verification vendors;

  • Professional service providers;

  • Other service providers for IT and related infrastructure, email delivery, and other services.

We will also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so, to:

• Law enforcement, public, regulatory, and government authorities, courts, tribunals, or third parties where necessary to comply with applicable law and regulations;

• Professional advisors, such as accountants, actuaries, auditors, experts, consultants, lawyers, banks, and financial institutions;

• Third parties, such as an acquiring entity and its advisors, in connection with a sale or business transaction. We may disclose or transfer your Personal Information in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with applicable law and the “Updates to This Privacy Policy” section below.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

EMAIL MARKETING CHOICES

You have choices regarding marketing-related communications. Where required by applicable law, we will ask for your prior opt-in consent. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by following the unsubscribe instructions in any such message or by contacting us by email at hello@trybrainiac.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing from us, we may still send you important administrative messages, from which you cannot opt out.

RIGHTS AND REQUESTS

If you would like to request to access/review, correct, update, suppress/delete, object to, restrict or opt out of the processing of Personal Information, withdraw your consent where relied upon for processing (which will not affect the lawfulness of processing prior to the withdrawal), or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent that these rights are provided to you by applicable law), please contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information your request relates to. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any requested service that you began prior to requesting a change or deletion. Further, certain Personal Information may be exempt from requests pursuant to applicable data protection laws or other laws and regulations.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained as outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable law. The criteria used to determine our retention periods include:

• The length of time that we have an ongoing relationship with you and provide the services to you (for example, for as long as you have a relationship with us or keep using our Services);

• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records or communications for a certain period before we can delete them); or

• Whether retention is advisable considering our legal position (such as with respect to applicable statutes of limitations, litigation, or regulatory investigations).

THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties. This includes any third party operating any website or service to which our Site links. The inclusion of a link on the platform or Site does not imply endorsement of the linked site or service by us.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Meta, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer.

THIRD-PARTY PAYMENT SERVICE

We may provide functionality allowing you to make payments to us using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

USE OF SERVICES BY MINORS

Our services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country or region where we have facilities or engage service providers. By using our services, you understand that your Personal Information will be transferred to countries outside of your country or region of residence, including to the United States, which may have data protection rules that are different from those of your country or region. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries or regions may be entitled to access your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on our Site.

CONTACTING US

Brainiac is the company responsible for the collection, use, and disclosure of your Personal Information under this Privacy Policy. If you have any questions about this Privacy Policy, please contact us.

You can reach us at: hello@trybrainiac.com.