Privacy Policy

Effective Date: January 9, 2015

Monclarity, LLC (“Monclarity”, “we” or “us”), the operator of BRAINWELL®, is committed to respecting the privacy rights of its visitors and users of BRAINWELL® online at www.brainwell.com (the “Site”) and on mobile devices (collectively, “BRAINWELL® or the “Service”). We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Service, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Service, and not to any other websites that you may be able to access from the Service, each of which may have data collection and use practices and policies that differ materially from this Policy.

We may modify this Policy from time to time. When changes are made, we will provide advance notice to you either by email, by posting a notification on the Service or by posting an updated Terms of Service thirty (30) days in advance of the effective date of the updated Terms of Service. YOUR USE OF THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.

  1. Information Collection Practices.
    1. Types of Information Collected.
      1. Non-Personal Information.
        1. Traffic Data. We automatically track and collect the following categories of information when you visit the Service: (1) IP addresses; (2) domain servers; (3) types of computers or devices accessing the Service; and (4) types of web browsers or applications used to access the Service (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Service.
        2. Cookies. We may use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password, if any, so you do not have to re-enter it each time you visit the Service.
      2. Personal Information. Although you may freely visit the Site, to use the Service you must create a BRAINWELL® account, which requires you to provide us with information about yourself (“Personal Information”). Personal Information includes the following categories of information: (1) “Contact Data” (such as your name, physical address, telephone number and e-mail address); (2) “Financial Data” (such as your bank account or PayPal account information); and (3) “Demographic Data” (such as your zip code, age and gender). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
    2. Uses of Information Collected.
      1. Our Use of Non-Personal information. We use Traffic Data and may use cookies for marketing purposes or for improving your experience on the Service.
      2. Our Use of Personal Information. We use Contact Data to send you information about us and the Service or promotional material from some of our partners, or to contact you when necessary in order to provide the Service. We use your Financial Data to bill you and/or issue refunds to you for the Service. We may use your Demographic Data to customize and tailor your experience on the Service, displaying content that we think you might be interested in and according to your preferences.
      3. Sharing of Personal Information. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We also share and/or provide access to Contact Data and Financial Data with our business partners who assist us by performing our Services (including, without limitation, as hosting, billing, fulfillment, or data storage and security) related to our operation of the Service. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Monclarity. If you do not want us to share your Contact Data with any third parties, please email us at [email protected], but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Service. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 3 below.
      4. Sale of Information. In order to accommodate changes in our business, we may sell portions of our company, including the information collected through this Service. If Monclarity or substantially all of its assets are sold, customer information will be one of the assets transferred to the acquirer.
    3. User Choice Regarding Collection, Use, and Distribution of Personal Information. You may choose not to provide us with any Personal Information. In such an event, you can still access and use parts of the Service; however, you will not be able to access and use those portions of the Service that require your Personal Information.
  2. Confidentiality and Security of Personal Information. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.
  3. User Ability to Access, Update, and Correct Personal Information. You may access, review and correct the Personal Information we have collected about you in the Account page of your account. You may also request to do so by contacting us at [email protected]
  4. Security. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
  5. Public Forums. The Service may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
  6. Third Party Websites. The Service may contain links to other websites. If you choose to visit those websites, we are not responsible for the privacy practices or content of those websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
  7. Consent to Processing and Transfer of Information from Outside of United States. If you access BRAINWELL® outside of the United States, you fully understand and unambiguously consent to the transfer of your Personal Information to, and the collection and processing of such personal information in the United States.
  8. Contact Information. If you have any questions about this Policy, our practices related to the Service, or if you would like to have us remove your Personal Information from our database please feel contact us at:Monclarity LLC
    Attention:Privacy Policy
    500 Airport Boulevard
    Suite 455
    Burlingame, California 94010
    Email: [email protected]