Privacy Policy

BRAINFALL MEDIA PRIVACY POLICY

(Last Updated: September 15, 2015)


PLEASE READ THIS PRIVACY POLICY BEFORE USING THIS WEBSITE

This Privacy Policy describes the policies and procedures of BrainFall.com, Inc. (“BrainFall”, “we”, “our” or “us”) on the collection, use, and disclosure of your information on www.brainfallmedia.com as well as all other websites owned, operated, licensed, or controlled by BrainFall (collectively the “Site”) and the services, features, content, or mobile applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third-party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Privacy Policy.

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy applies to the collection, use, and disclosure of personally identifiable information (“Personal Information”), and other information described herein. This Privacy Policy also covers our treatment of any Personal Information that our business partners and affiliates share with us or that we share with our business partners and affiliates.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third-party websites, services, and applications, such as Facebook (“Third-Party Services”) that you may use to access the Services, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we do not take responsibility for the content, privacy policies, or practices of those Third-Party Services. We encourage you to carefully review the privacy policies of any Third-Party Services you access.

INFORMATION THAT WE COLLECT

Account Information

Some features of the Services may allow or require you to create an Account. When you create an Account, we request that you provide information such as a username of your choosing, a password, and a valid email address. You acknowledge that this information may be personal to you, and by creating an Account on the Services and providing Personal Information to us, you allow others, including us, to identify you.

You may access certain features of the Services using your Facebook credentials. If you access the Services through Facebook credentials, we may automatically collect certain information, such as your name, picture, and email address. We will use all information available through Facebook in accordance with Facebook’s current policies and your preferences as selected through and communicated to us by Facebook. We may use your contact information to send you information about our Services, when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we reserve the right to contact you even if you unsubscribe when we believe it is necessary, such as to recover your password.

User Content

Some features of the Services allow you to provide content to the Services, such as quizzes, comments, and images. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your Account. We may continue to disclose such content to third parties even after you terminate your Account, as described in this Privacy Policy.

Information Collected Automatically

We automatically receive and record information from your device or web browser when you access or interact with the Services. This information may include, without limitation, your IP address, your operating system, cookie information, and other details. This information is used to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on and shared with others, including via email and social media), and to otherwise personalize, improve, and continue to operate the Services.

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form as a statistical measure. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Location Data

Some of our Services, such as mobile applications, may collect geo-location data to provide location-related functionality. We may link location data to other information we have collected about you. You may stop sharing your location data by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

Information Collected Using Cookies

Cookies are small text files that may be provided to your device through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site, share our content, and otherwise use the Services.

We may use cookies and other automated data collection means to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one, the device you use to connect to the Services, or email or social media accounts that you use to share content via the Services.

The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting cookies, how to have the browser notify you when you receive cookies, and how to disable cookies altogether. Note that if you reject or block cookies, it may affect your ability to enjoy the full functionality and experience of the Services.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your device. For example, third-party websites to which a link points may set cookies on your device.

If you live in the European Union (EU), you will be asked prior to any cookie being set on your device, and notice will be given explaining what the cookie is used for. This additional step is required in order to comply with the EU Privacy Directive on Cookies. Because this directive is recently enacted and subject to some uncertainty regarding implementation, our policy regarding the use of cookies may also be subject to change for some or all EU visitors. Such changes will be described in this Privacy Policy as they are implemented.

Google Analytics

We use Google Analytics to help analyze how users use the site, which uses cookies. Cookies are used to collect standard Internet log information and visitor behavior information in an anonymous form, and this information is then transmitted to Google. This information is then used to evaluate visitors’ use of the Services and to compile statistical reports on activity for the Site. Google Analytics collects information anonymously. Google will not associate your IP address with any other data held by Google. Neither BrainFall nor Google will link, or seek to link, an IP address with the identity of an individual user. We will not associate any data gathered from this site with any Personal Information from any source, unless you explicitly submit that information via a fill-in form through the Services. You can opt out of Google Analytics without affecting how you use the Services. For more information on opting out of being tracked by Google Analytics across all websites you use, visit http://www.google.com/intl/en/policies/privacy/.

Information Related to Advertising

To support and enhance the Services, we may serve advertisements, and also allow third-party advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third-party companies called ad networks. Ad networks include third-party ad servers, ad agencies, ad technology vendors, and research firms. We may engage with ad networks that are members or organizations or programs that manage the advertising privacy choices these ad networks offer users.

When you visit our Site or use our mobile applications or other Services, ad networks and other parties may collect information about your online activities over time and across different websites. We are not responsible for the privacy practices of these ad networks and other parties.

Advertisements served through the Services may be targeted to users who fit a certain general profile category, may be inferred from information provided to us by a user, may be based on the Services usage patterns of particular users, or may be based on your activity on Third-Party Services. We do not provide Personal Information to any ad networks for use other than in connection with the Services.

To increase the effectiveness of ad delivery, we may deliver a file called a “web beacon” from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies.

Aggregate Information

We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Aggregate Information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use the Services may be collected and combined with information about how others use the Services, but no Personal Information will be included in the resulting data. However, some Aggregate Information may be derived from Personal Information.

Aggregate Information helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor the Services. We may share Aggregate Information about our users with third parties for various purposes, including to help us better understand and improve the Services, and for advertising and marketing purposes.

HOW WE USE INFORMATION THAT WE COLLECT

Public Information about Your Activity on the Services

Some of your activity on the Services is public by default. This may include, but is not limited to, user content you have posted or shared publicly via the Services, such as quizzes, comments, or images.

If you register an Account, some of your activity information may be associated automatically with your Account. Additionally, we may track and store certain activity on the Services (such as which pages are visited) by both registered and unregistered users through the use of cookies and other automated data collection means.

Please remember that by choosing to provide Personal Information using certain public features of the Services, you make your information publicly available. Users reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in user content that you create or information that you submit through the Services.

IP Address Information

We collect and store IP address information from all visitors to the Site. This information is not made public, but we may share this information with our business partners, affiliates, service providers, and other entities with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information You Share Voluntarily

You may access other Third-Party Services via the Services, for example by clicking on links to those Third-Party Services from within the Site. We are not responsible for the privacy policies and information collection and disclosure practices of these Third-Party Services. You are solely responsible for reading and understanding these Third-Party Services’ privacy policies. This Privacy Policy only governs information we collect in connection with the Services.

Aggregate Information

We share Aggregate Information with our business partners, affiliates, service providers, and other persons with whom we conduct business. We share this type of anonymized statistical data so that our partners can learn more about how people use our Services and their services or websites. In addition, these third parties may share with us information about you that they have independently developed or acquired.

Email Communications with Us

As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will be sent for purposes important to the operation of the Services, such as password recovery. We may use your email address to contact you for editorial purposes, to advise you of any changes to the Services, and to send you messages about our marketing partners’ products.

User Profile Information

User profile information, including your username and other information you enter, may be displayed to other users to facilitate user interaction within the Services. We will not reveal user email addresses to other users of the Site without your consent.

Information Shared with Our Service Providers

We contract with service providers to perform certain tasks on our behalf. We may need to share Personal Information with our service providers in order to provide products or services to you. We do not authorize our service providers to use Personal Information or other information we share with them beyond what is necessary to assist us.

Information Disclosed Pursuant to Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, user information, including Personal Information, is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, are acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur. Following the transfer of user information in the circumstances described in this paragraph, all inquiries concerning the processing of user information should be directed to the entity to which the information is transferred.

Information Disclosed to Protect Ourselves or Others

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam or malware prevention.

Information We Share With Your Consent

In addition to the types of sharing Personal Information described above, we may share your information with third parties with your consent, by notifying and giving you the opportunity to prevent the sharing of your information.

NO INFORMATION ABOUT CHILDREN

The Services are not intended or designed to be used by children under the age of 13, and we do not knowingly, directly or passively, collect personally identifiable information from children under the age of 13. If it comes to our attention that any child under the age of 13 is utilizing the Services, we will discontinue that person’s use of and access to the Services.

If in the future we create offers and products that make it appropriate to collect personally identifiable information from children under the age of 13, we will implement appropriate, legally compliant privacy procedures for such collection, and we will notify you of the change in this Privacy Policy.

SECURITY OF INFORMATION

Your Account information will be protected by a password for your privacy and security. To help prevent unauthorized access to your Account and Personal Information, please select a strong password and safeguard it appropriately. In addition, limit access to your device and browser by signing off after you have finished accessing your Account.

We take commercially reasonable measures to protect the security of Account information. However, we do not guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors beyond our control may compromise the security of Account information at any time.

We otherwise store all information, including your IP address information, using techniques reasonably designed to secure such information. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, including Personal Information.

YOUR CONTROL OF INFORMATION

You can use many of the features of the Services without registering an Account, thereby limiting the types of Personal Information that we collect.

Opting Out of Marketing Emails

You may choose not to receive our marketing emails by clicking on the unsubscribe link in the emails you receive from us. Please note that even if you opt out of receiving marketing emails, we may continue sending you service-related information.

Deleting Your Account

You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may remain publicly accessible. This includes user content that you posted or submitted through the Services.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personally identifiable information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, you may contact us using the Contact Form below. Please reference your request as “California Disclosure Information.”

INTERNATIONAL USERS

Consent to Transmission

The Services are hosted in the United States. If you access the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, you are transferring your Personal Information to the United States and you consent to that transfer. Additionally, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing Personal Information may be less stringent than in your country.

European Union Privacy Directive on Cookies

We comply with the EU Privacy Directive on Cookies. If you live in the European Union (EU), we will use commercially reasonable efforts to ensure that you are provided with clear and comprehensive information about, and opportunity to consent to, the storing and accessing of cookies or other information on your device where such activity occurs in connection with an applicable product or service.

GOVERNING LAW

This Privacy Policy is governed by the laws of the California, without regard to its choice of law rules and without regard to the location of any user. Any dispute arising in connection with this Privacy Policy must be filed in the state or federal courts located in the County of San Francisco, State of California.

CHANGES TO THIS PRIVACY POLICY

We reserve the right, at any time, to update and change this Privacy Policy, in our sole discretion. If we do so, we will post the modified Privacy Policy on the Site. If we make any material changes to this Privacy Policy or how we handle your Personal Information, we will give you a reasonable opportunity to consent to the changes. Your continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Privacy Policy, which is currently available at: http://www.brainfallmedia.com/privacy/. When we change this Privacy Policy, we will modify the “Last Updated” date above.

CONTACTING US
If you have any questions or comments about this Privacy Policy, the privacy practices of the Service, or your dealings with BrainFall, please contact us via our Contact Form.