Privacy Policy

1. GENERAL INFORMATION

BRAINITY, property of BRAINITY SOFTWARE, S.L. (hereinafter, "BRAINITY") has established this Privacy Policy in order to inform users (hereinafter, "User" singular and "Users" plural) of the treatment and protection we apply to their personal data when they visit and use our website https://brainity.co, and at the address https://theroicalculator.org/ (hereinafter, "Web/Platform") and/or the application Brainity – Automatic Retargeting for Facebook and Instagram (hereinafter, the “App”), and to demonstrate our ongoing commitment to the protection of privacy.

Personal data means any numerical, alphabetical, graphic, photographic, acoustic or any other type of information concerning identified or identifiable individuals.

The collection of personal data, their processing and subsequent use, are subject to the legislation in force in Spain on data protection, established by Law 15/1999 of 13 December on the Protection of Personal Data (hereinafter LOPD), its implementing regulations or any other that may result from application, and the General Data Protection Regulation (GPDR) of the European Union.


BRAINITY will only be responsible for and ensure the confidentiality and safety of the personal data collected from the User, or provided by the User through the Web/Platform and the App.

 

2. COMPLIANCE

In compliance with the duty of information set forth in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (hereinafter, LSSI), we inform you that the Web/Platform and the App are owned by the company BRAINITY SOFTWARE, S.L., with the CIF number B67210369 and with registered office at Casa Joan Teula (Viladordis) 08240 – Manresa (Barcelona, Spain) and registered in the Barcelona Commercial Registry, Sheet B 519091 Volume 46411 Page 21. You can contact us at the following email address legal@brainity.co.

 

3. SAFETY MEASURES

In order to provide a better service and ensure the safety, confidentiality and integrity of the personal data collected, BRAINITY has adopted all the necessary technical and organizational measures, and maintains the safety levels of personal data protection in accordance with the LOPD and its implementing regulations, preventing their loss, alteration and/or access by unauthorized third parties. BRAINITY undertakes to comply with the duty of secrecy and confidentiality regarding the personal data contained in the automated file in compliance with the applicable legislation.

Specifically, in accordance with current regulations, we inform you that BRAINITY complies with basic level safety measures. The encryption used for connections is TLS 1.2 (Transport Layer Security).

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. Access to the Database is only possible from Azure's own servers and we make daily backups of the Database.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database (Stripe) only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. You can check out their Privacy Policy for more information.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.


 

4. COLLECTION AND PROCESSING OF PERSONAL DATA

BRAINITY collects the following personal data, provided by the Users of the Web/Platform and the App by email and/or through the completion of the forms enabled (Typeform, you can check out their Privacy Policy for more information):

  • Name and Surname

  • E-mail Address

  • Telephone

  • Business Trademark

  • Company Name

  • Credit Card Information/PayPal Information

 

For more information on other third-party registration forms we may use, you can visit the following links:

BRAINITY also collects other data/information automatically, such as IP address, browser, type of mobile device and country of access.

All the data that the User provides in the informed sections of the Web/Platform and/or the App (collected by email and/or filling in the forms of the Web/Platform and/or the App), we will incorporate them into internal and automated files under the responsibility of BRAINITY. Such data will be processed for the following purposes:

• Register as a Web/Platform and/or App User.

• Management, administration and control of the services and products contracted through the Web/Platform and/or the App (provide you with the services you have requested; reply to your communication; respond to your request for information; send you the necessary documentation or information requested).

• Personalize your experience (your information helps us to better respond to your individual needs).

• Improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).

• Improve our Web/Platform and App (we continually strive to improve our Web/Platform and App offerings based on the information and feedback we receive from you).

• Process transactions.

•  Order processing (send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.).

• Administer a contest, promotion, survey or other site feature.

• Sending of commercial or promotional communications (in the event that the User expressly authorises it at the appropriate time), either from BRAINITY or from third parties collaborating with BRAINITY, related to the products and services offered on the Web/Platform and the App, by letter, telephone, e-mail, SMS/MMS, or by other equivalent electronic means of communication.

Your data may also be used for the segmentation of the same, as well as for statistics to know the traffic and use of the Web/Platform and the App by Users, such as the determination of their tastes and preferences, to send promotional information or advertising according to their interests.

Nevertheless, your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

BRAINITY allows registration on the Web/Platform and the App through synchronization with third party services (e.g. Log-In with Shopify and Facebook accounts), using social media buttons and/or plugins on the Web/Platform and/or the App that allows you to connect with your Shopify and Facebook accounts. For these to work, the Shopify and Facebook accounts will set cookies through our Web/Platform and/or our App which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective Privacy and Cookies Policies (Shopify Privacy Policy and Cookies Policy and Facebook Privacy Policy and Cookies Policy). BRAINITY cannot ensure the identity of registered Users, therefore, it will not be responsible for the use of the identity of a registered User by unregistered third parties.

By registering, you are accepting the conditions described herein, as well as authorizing BRAINITY and associated companies, to send you by e-mail or any other means, advertising, communications and/or any other type of notification that BRAINITY deems appropriate.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.


 

5. TRANSFER OF PERSONAL DATA

BRAINITY does not sell, trade, or otherwise transfer your personal data to third parties. However, the User expressly consents that all the data provided in the informed sections of the Web/Platform and/or the App (collected by e-mail and/or filling in the forms on the Web/Platform and/or the App) may be communicated and accessed by employees of BRAINITY, associated companies and/or external collaborators, for the purpose of management, administration and control of the services and products contracted through the Web/Platform and/or the App, meaning trusted third parties who assist us in operating our Web/Platform and App, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

We may also release your personal information when we believe release is appropriate to comply with the law, enforce our site policies, protect our own and third-party rights, or for safety reasons. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Nevertheless, BRAINITY ensures the safeguard of the confidentiality and safety of the personal data at all times, having adopted the legally required safety measures, which allow us to reasonably ensure the protection of your personal data and prevent the loss, misuse, alteration, processing or unauthorized access of them.

Likewise, notwithstanding the above, by accepting this Privacy Policy, the User expressly consents that the personal data that he/she provides us with may be transferred, when required, to associated companies for the provision of the services that the User may have requested.


 

6. RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION

The User may exercise his or her rights of access, rectification, cancellation and opposition by sending a written communication to the address Casa Joan Teula (Viladordis) 08240 – Manresa (Barcelona, Spain), or by sending a copy of his or her national identity card or passport to legal@brainity.co.

  • Such communication shall contain the following information:

  • Name and surname of the User.

  • Petition in which the request is based.

  • Address for notification purposes, date and User's signature.

  • Documents certifying the request made, if applicable.

BRAINITY informs Users that the exercise of these rights is very personal, so that only the User himself may exercise these rights with respect to the personal data of which he is the legitimate owner. Nevertheless, and in the cases in which it is exceptionally admitted, the legal representative of the User may exercise the rights of the User in the terms set out above, provided that he accompanies the aforementioned communication with the document certifying such representation.

By providing their personal data, the User states and ensures that they are accurate, complete, truthful and up to date, leaving BRAINITY free from any liability that may arise as a result of the breach of such obligation.

If the User is a minor or incapable, BRAINITY warns of the need to have the consent of their parents, guardians or legal representatives for the communication of their personal data, so BRAINITY forbids a minor or incapable to provide their data or use the Web/Platform and/or the App if he/she does not have the consent of their parents, guardians or legal representatives, not being otherwise BRAINITY responsible for the actions of the minor or incapable.

Except in the fields in which it is expressly determined otherwise, the answers to the questions on personal data are voluntary, without the lack of an answer to such questions implying a decrease in the quality of the services you request. Failure to fill in the fields identified as mandatory or the provision of incorrect data will make it impossible for BRAINITY to provide the services requested.

Also, in the search for total transparency in its relationship with the User, BRAINITY informs you of the use of other computer mechanisms related to personal data, such as cookies and logs on this Web/Platform and the App.

Cookies are a message sent by the server to the User's computer, consisting of text files that are stored in the computer's memory and collect information regarding the pages visited, the time of Internet connection, etc. Cookies are sent back to the server each time the User enters that page. This Web/Platform will adapt the information managed and its purpose to the provisions of article 22 of the LSSI 34/2002, in accordance with RDL 13/2012, of 30 March.

The purpose of BRAINITY's cookies is to personalize the services we offer, providing you with information that may be of interest to you. If you do not want a cookie to be installed on your hard drive, you can set your computer's browser not to receive them. However, we would like to point out that, in any case, the quality of the Web/Platform and the App operation may decrease.

Cookies are only associated with an anonymous User and his or her computer, and do not by themselves provide the personal data of the customer, nor can they read data from his or her hard drive, nor read cookie files created by other providers. You can find more information about the cookies we use, their purpose and other information of interest at the following link: Cookies Policy.

Logs are files stored on the BRAINITY's server that record data about your browsing and whose main purpose is to gather information about the operations carried out by you. They also allow us to continue providing you with the services you request, to better understand your preferences and to offer you other services that may suit your tastes. They also help us to analyze the functioning of the system, locate incidents and problems that may arise, and resolve them as quickly as possible.


 

7. RIGHTS OF LIMITATION OF TREATMENT, WITHDRAWAL AND PORTABILITY

The User also has a right to limit the processing of personal data, a right to delete and transfer personal data transmitted to the data controller.

In compliance with current legislation, BRAINITY informs that the data will be kept for the period of time strictly necessary to comply with the above-mentioned provisions.

Unless you inform us otherwise, we will understand that your data has not been modified, that you agree to notify us of any changes and that we have your consent to use your data for the purposes mentioned above.

BRAINITY informs that it will treat the data in a lawful, fair, transparent, adequate, relevant, limited, accurate and up-to-date manner. That is why BRAINITY commits itself to take all reasonable steps to ensure that these are deleted or rectified without delay if they are inaccurate.

 

8. THIRD PARTY LINKS

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.


 

9. SUGGESTIONS TO USERS

BRAINITY advises Users to use the latest versions of the software, given the integration of greater safety measures.

BRAINITY also advises Users to use the safety mechanisms available to them (secure Web servers, cryptography, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data as necessary.

BRAINITY reminds Users that the Internet is not always safe and they must take the necessary and appropriate technical measures to prevent unauthorized processing of their data.


 

10. MODIFICATIONS AND UPDATES

BRAINITY reserves the right to review this Privacy Policy and the possibility of modifying this Privacy Policy to adapt it to the applicable legislation and case-law, or to the criteria or guidelines issued by the Spanish Data Protection Agency. In this case, the Users will be informed. All of this, notwithstanding the fact that Users must regularly check the content of this Privacy Policy.

This Privacy Policy may also be amended by any other general clauses or conditions of access to certain services, in the event that such access involves a specific area of expertise in the protection of personal data. In any case, these special features will not be applicable to your personal data as long as the User does not accept the above clauses or statements.


 

11. SUPPORT

If you have any questions or concerns regarding our Privacy Policy, please email us at legal@brainity.co, we will be happy to assist you.

NOTE: All the above is reported to you in compliance with the regulations of the General Data Protection Regulation (GPDR) of the European Union and the Personal Data Protection Act (LOPD).