BRAINSTORM PRIVACY POLICY

BrainStorm, Inc. ("BrainStorm", “We”, or “Us”) is committed to protecting your privacy. BrainStorm is a U.S.-based corporation that provides change management solutions through its online, cloud-based QuickHelp™ software application and electronic instructional content via the website https:\\www.quickhelp.com (“QuickHelp”). This policy describes how BrainStorm collects, protects, transfers, uses, shares and discloses your personal information that we receive so that we may obtain your consent to collect and process your personal information as further described in this policy.

SCOPE OF THE BRAINSTORM PRIVACY POLICY

This policy applies to our QuickHelp platform and our website(s) (collectively our “Services”). It also describes the choices available to you regarding the use of, your access to, sharing of and deletion of personal information and how to update and correct your personal information.

In order to provide the best experience possible, BrainStorm collects and processes different kinds of personal information and data. Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using our Services, you agree to this policy. BrainStorm will collect and process personal information only after you provide your consent by clicking the “Yes, I agree” button below. If you do not consent to BrainStorm’s collection and processing of your User Data, you will not be allowed to access or use the Service. As discussed below, this policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. If you ever wish to withdraw you consent, you can access that feature in your user “Settings” in QuickHelp.

INFORMATION BRAINSTORM COLLECTS

We collect personal information from you in two ways. First, you provide us with certain personal information when you register for, download, access and otherwise use our Service. Some of this personal information is provided directly by you during the initial intake survey and profile set-up, and includes without limitation your name, username, password, email address, department, job title/role, and basic characteristics of your role. BrainStorm also collects personal information automatically as you interact with our Services. We may collect personal information from you when you register as a user or to learn more about our products, request a demo, provide comments and suggestions, sign up for newsletters, enter promotions, interact with us on our social media channels, order products or services, request and use maintenance and support services, request white papers, sign up for events or seminars, submit content or send us feedback. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:

INFORMATION YOU PROVIDE TO US

  1.  User information. This means personal information collected about users of the Services and includes contact information such as name, e-mail address, contents of emails, address, and phone number or other information that you might provide to us in an online form, or when you contact us by e-mail or telephone.
  2.  Business account information. This means business-contact personal information such as name, title, job function, business name, business address, business e-mail address, and business phone number that we collect about people we serve or work with, including without limitation actual and prospective customers, alliance and channel partners, contractors, vendors, service providers and other parties interested in BrainStorm or its products and services. We use this personal information to support your account, respond to your inquiries, perform accounting functions, provide you with information about us, our products, and Services, and to otherwise maintain our business relationship with you.
  3.  Customer personal information. This means personal information that is owned by our customers and provided to or collected by us to provide our Services. BrainStorm respects the privacy of all customer personal information and views it as the customer’s property. With respect to information collected through our Services at the direction of customers, our use of the customer personal information shall be limited to the purpose of providing the service for which the customer has engaged BrainStorm. We do not control what customer personal information we may receive and host, nor what steps the customer has taken to ensure that the data is reliable for its intended use, non-infringing, accurate, complete, and current. If data is customer personal information, an individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to BrainStorm’s customer. BrainStorm will use customer personal information to fulfill obligations under our agreements with the customer and to identify other BrainStorm products or services which may benefit the customer. For instance, we may be engaged by the customer to help upload its data, to assist with configuration, or to provide support services. We may also transfer customer personal information to other service providers that help us provide our service. Transfers of customer personal information to subsequent third parties are covered by the service agreements with our customers. If a customer provides any personal information about any third parties to BrainStorm, the customer is responsible for providing any notices and obtaining any consents required by applicable law necessary for BrainStorm to access, and use, process, and disclose and otherwise process that customer personal information under this policy.

INFORMATION WE AUTOMATICALLY COLLECT FROM YOU WHEN YOU USE THE SERVICES. The information we collect automatically is statistical information and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. If you do not want us to collect this information, please do not use the Services.

  1. Information collected through our cookies and web beacons. We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons,” to automatically collect information from you when you use the Services. We collect this information to, among other things, provide you with target advertising based upon your interests. This information is used in analyzing trends, administering the site, tracking users’ movements around the site, to gather demographic information about our user base as a whole, and to remember users’ settings and for authentication purposes. Cookies are small amounts of data that are stored within your Internet browser, which saves and recognizes your browsing habits. BrainStorm uses both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time). Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information. Please note this does not opt you out of being served advertising. Depending upon the Service, you may continue to receive generic ads. You can also delete cookie files from your hard drive, or avoid them altogether, by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive. Not all features of the Services will function as intended if you reject cookies.
  2. Log files. We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, device identifier, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, and other usage data. We may combine this automatically-collected log information with other information we collect about you.
  3. Services Use. We may use technologies to automatically collect information from you when you use the Services. We collect this information to, among other things, provide you information and benchmarking based upon your usage of the Services, which are used in analyzing trends, administering the Services, tracking users’ utilization and to gather information about our customer user base as a whole.

HOW WE USE THE INFORMATION WE COLLECT

We may use information collected from or about you for any of the following purposes:

  1. To respond to your requests. These requests may include processing orders and processing downloads for whitepapers or product demonstrations or evaluations.
  2. To provide services to you. These may include reports, consulting, educational, maintenance and support services for which you have inquired or contracted. For instance, as part of support services, our technical staff may require periodic access to services data to troubleshoot or monitor your system. We may provide technical support and related product information via customer support portal. We may require access to your systems to implement our Software. Any temporary copies of data accessed, used or created as a necessary part of this services are only maintained for time periods relevant to those purposes. As part of these services, we may be required to remotely access your systems or an individual computer in order to troubleshoot a support issue or have direct physical access as part of an onsite engagement. We may also use this data to provide you service and product updates and notices.
  3. To provide informational services. We may use personal information while providing online forums such as user groups and bulletin boards. We may also do so while delivering live or online events such as training seminars or conferences, including third-party events sponsored by BrainStorm.
  4. To meet legal requirements. BrainStorm may be required to provide personal information to comply with legally mandated reporting, subpoenas, court orders, or other legal process requirements.
  5. To market our products and services. We may inform you about our products, services or events and otherwise perform marketing activities. Further, we may use information for analytics purposes.
  6. Verify Users. We may use personal information to manage and verify your account and the identity of users of the Services.
  7. Other purposes. We may use personal information for any other legal, business or marketing purposes that are not inconsistent with the terms of this Policy.

HOW WE SHARE YOUR INFORMATION WITH THIRD PARTIES

BrainStorm may disclose personal information in the following circumstances:

  1. Business Partners and Subcontractors. To business partners and subcontractors (such as third-party distributors and resellers, vendors, suppliers and other service providers), who may use the information to fulfill product orders, develop and improve products, contact you about product orders or in connection with the performance, operation, and support of the Services or solutions, performing marketing or consulting services, or as otherwise appropriate in connection with a legitimate business need. Further, we may disclose personal information to service providers who host or facilitate the delivery of online training, seminars and webinars; email-delivery services and other technology providers; and third parties that may assist in the delivery of marketing materials, technical support services, or other products, services or other information. These companies are authorized to use your personal information only as necessary to provide these services. Unidentifiable information regarding your interaction with QuickHelp may be shared securely with trusted third-party services to enhance functionality in our platform.
  2. Third Party Analytics Providers. To third parties who conduct marketing studies and data analytics, including those that provide tools or code which facilitates our review and management of our cloud-based software, such as Google Analytics or similar software products from other providers. For more information about how Google collects and processes data when you visit websites or use apps that use Google technologies, please see “How Google uses data when you use our partners' sites or apps” at www.google.com/policies/privacy/partners.
  3. Resellers. With authorized reseller partners so that they may follow up with you regarding BrainStorm products and services.
  4. Transfer or Assignment in Connection with Business Transfers or Bankruptcy. In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your personal information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
  5. Response to Subpoenas or Court Orders, or Protection of Our Rights. As required or permitted by law, or when we believe in our sole discretion that disclosure is necessary or appropriate to protect our rights, protect your safety or the safety of others, investigate fraud, comply with a judicial proceeding or subpoenas, court order, law-enforcement or government request, including to meet national security or law enforcement requirements, or other legal process.
  6. To Our Affiliates. We may share some or all of your information with our subsidiaries and corporate affiliates, joint ventures, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
  7. Publicly Posted Content. If you post comments, images, and other content to a public-facing page, that information (associated with your user name) will be publicly viewable.
  8. QuickHelp. If you are using or have used QuickHelp, your name, job title, and the points and badges you earn may be visible (if enabled by your employer) to others within your organization through QuickHelp’s gamification feature and user ranking system. In addition, the specific assets you view and SkillPaths you complete, along with other personal information, will be visible by your organization’s administrators.

Personal data is stored to improve the overall experience of QuickHelp. If you wish to delete your personal data, please contact security@brainstorminc.com.

ACCESSING/CORRECTING/UPDATING/DELETING YOUR PERSONAL INFORMATION:

As a data subject, you have certain rights available to you regarding your personal information, and we at BrainStorm aim to respect and honor those rights. If you notice an error in your personal data, you may rectify such errors by updating your settings under your user profile. Upon request, BrainStorm will provide you with information about whether we possess any of your personal information. To find out if we possess your personal information or to make a request to access, correct, update or delete your personal information, please contact us at security@brainstorminc.com with “personal information Request” in the subject line, and provide us with full details in relation to your request, including your contact information, your company’s name and any other detail you feel is relevant.

If you would like your personal information erased or if you wish to withdraw your consent to our data collection and processing, please contact us at security@brainstorminc.com with “Erase My Personal Data” or “Withdrawing My Consent to Data Collection/Processing” in the subject line, and articulate your specific request in the body of the email.

Upon request by e-mail or mail (to the addresses noted below), BrainStorm will provide you with reasonable access to your personal information, unless otherwise legally unable to do so. In addition, BrainStorm will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. BrainStorm shall provide a response to your requests within 30 days of receiving such request.

We will retain your personal information and the data we process on behalf of our customers for as long as your account is active, your request to receive information form us has not been revoked or as needed to provide you services. We will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CALIFORNIA PRIVACY

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by BrainStorm or its affiliates to a third party for the third party’s direct marketing purposes. To make such a request, please send an email to security@brainstorminc.com or write us at the address listed below.

NO USE BY CHILDREN

The Services are not intended for users younger than 13. We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted personal information without verifiable parental consent, we will remove his or her information from our files.

LINKS TO OTHER WEBSITES

Our site links to third party websites whose privacy policy practices may differ from those of BrainStorm. We are not responsible for the data collection, use practices, policies or cookie use of the third party sites that you have accessed from our Sites. We encourage you to be aware when you leave our Site and read the privacy policies of each website that collects personal information. If you submit personal information to those sites, your information is subject to their privacy policy statements. This policy only applies to personal information collected on or through our Services.

MANAGING SETTINGS

Before we send you any email from QuickHelp, you will be asked to “opt-in” to those communications. If you have opted-in to receiving email communications from QuickHelp, you may stop receiving those email communications by managing your email notification settings under your user profile.

DO NOT TRACK REQUESTS

Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. BrainStorm respects your wishes and will not track user activity once “do not track” signals have been activated. Some of our Services, such as QuickHelp, may not function properly if you disable cookies or activate a “do not track” signal.

TRANSFER OF PERSONAL INFORMATION TO THE UNITED STATES

Your personal information will be transferred to the United States. BrainStorm will use standard contract clauses approved by the European Commission, adopt other means for such transfers permissible under European Union law, and seek your consent to legitimize data transfers from the EEA to the United States and other countries.

SAFEGUARDS

BrainStorm will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the personal information. BrainStorm hosts QuickHelp in Microsoft’s cloud computing service known as Azure. Full details on Azure’s data center may be found here. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. However, no method of transmission or storage is 100% secure. While we strive to use commercially reasonable and appropriate means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can e-mail us at security@brainstorminc.com with "Questions about Data Security" in the subject line.

COMPLAINTS

If you have any questions or concerns regarding this policy, you should contact us by email at security@brainstorminc.comwith "Privacy Policy Inquiry" in the subject line. You can also write to us at:

BrainStorm, Inc.
Attn: Privacy Policy Inquiry
Ten South Center Street
American Fork, Utah 84003

When we receive formal written complaints, we will contact the person who made the complaint to follow up. As appropriate, we work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

If you are located in the EU, after May 25, 2018, you have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal information.

CHANGES TO THIS POLICY

Any updates or changes to our privacy statement will be posted to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by e-mail, or by means of a notice on our home page prior to the change becoming effective. It is your responsibility to keep current the contact information we have on file for any designated representative.

EFFECTIVE: December 24, 2017

Thoughts or questions about this Privacy Policy? Please let BrainStorm know by email or writing to BrainStorm at the address below.

BrainStorm, Inc.
Attn: Privacy Policy Inquiry
Ten South Center Street
American Fork, Utah 84003