Privacy

(Revised March 2015)

Brain Chase Productions, LLC (“Brain Chase,” “our,” “us,” or “we“) respects your privacy. In that regard, we have created this Privacy Policy to let you know what information we collect when you use the website www.brainchase.com (the “Website”) through which we offer online learning challenges for pre-college students between the ages of 6 through 16 who have completed any grade from 2nd through 8th grade designed to provide educational enrichment by engaging children in reading, writing, math, and other academic modules (each a “Challenge”) and other features, tools and content provided by Brain Chase (collectively, the “Service”). This Privacy Policy describes why we collect information and how it is used.

Your Consent to this Privacy Policy

By using the Service, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version.

We may change this Privacy Policy by posting a new version of this Privacy Policy on the Website or through the Service, and it is your responsibility to review this policy periodically. When we do change the policy, we will also revise the “last updated” date at the Privacy Policy and may notify you or post a message on the Website and/or through the Service. Your continued use of the Service constitutes your agreement to this Privacy Policy and any updates.

What information does Brain Chase collect?

Personal Information.  We may ask you to provide Personal Information that will enable us to enhance your use of the Service. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to participate in certain activities or use certain features of the Service.  “Personal Information” means any information that may be used to identify an individual, including, but not limited to, first and last name, employment information, home or other physical address, email address and password, phone number, or other contact information, whether at work or at home, credit card or other payment information and, if you elect to link your account with a social media site, your user information, pictures and other content for that social media account.

Technical Information.  We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, peripherals and your interactions with the Service (“Technical Information”).  Technical Information is gathered periodically to facilitate the provision of software updates, product support, product enhancements and other services to you (if any) related to the Service and the Website.  We may also automatically receive and record information on our server logs from your browser or mobile device, which could include your IP address, cookie information, browser information and the page you request. This information is not deemed by Brain Chase to constitute Personal Information and while Brain Chase will not use it in a way that associates such information with you, such information it may be aggregated and used. Brain Chase owns this information and may use it in any manner it deems appropriate.

Behavior Tracking. We may use the Service to collect information from your web browser about your activities over time and across third-party websites, applications or other online services (“Behavior Tracking Information”). Your web browser may allow you to opt-out of our collection of Behavior Tracking Information by selecting a “do not track” (or similar) setting. However, we do not currently have processes to address those settings or other “do not track” requests, and consequently, cannot guarantee that we will honor such requests. If you do not want us to collect this information, do not use the Service.

How does Brain Chase use this Information?

Except as otherwise set forth herein or in our Terms of Service, Personal Information, Technical Information and Behavior Tracking Information (collectively, “Information”) that you provide or that we collect will be used to support your use of the Service and applications that interact therewith.

Brain Chase may use your Information, as long as it is in a form that does not personally identify you, to improve, market or promote Brain Chase’s products and services (including the Service).

You also grant to Brain Chase a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use data that we collect from you via your use of and interaction with the Service (“Data“) in order to collect, develop, create, extract or otherwise generate statistics and other information and to compile, synthesize and analyze Data (“Blind Data“). To the extent that Brain Chase collects or generates Blind Data, the Blind Data will be owned by Brain Chase and may be used for any lawful business purpose without a duty of accounting to you, provided that the Data is not personally identifiable and does not identify the source of such Data.

Sharing of Information

Except as set forth herein, Brain Chase does not rent, sell or share Information with or to third parties, and Information is only used to provide you with Brain Chase products and services and to comply with any requirements of law.

Agents and independent contractors of Brain Chase may have access to your Information on a need to know basis for the purpose of providing support for the internal operations of the Website. All such agents or contractors who have access to such information are required to keep the Information confidential and not use it for any other purpose than to carry out the services they are performing for Brain Chase or as otherwise required by law.

Brain Chase or its agents or contractors may disclose Information if required to do so by law (for example, we will disclose the name and city and state of residence of the Challenge winner, in accordance with applicable law and our Contest Rules or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of Brain Chase or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of the Service or the Website or the public.

Finally, if Brain Chase should ever merge with another organization, file for bankruptcy, or sell our assets or capital stock, we may transfer the Information to a third party or share the Information to the company or its agents with which we enter into such transaction as a part of such transaction.

Security of Your Information

We maintain physical, electronic, and procedural safeguards designed to protect the Information. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.

Third-Party Websites, Services and Technologies 

We may provide links to third-party websites on the Website or in other communications to you. Such links may appear as a specific domain name or URL or may be activated by clicking on an advertisement or other icon or graphic. Please be aware that other websites and services, including the websites of third parties that you connect with through the Service, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of those third-party websites, services or applications and cannot control and are not responsible for the information collection practices of any such websites, services or applications. We encourage you to carefully review the terms of use, privacy policies, and any other legal notifications on such websites before using or providing information through such websites, services or applications. Further, the Service may employ third party technologies that require you to accept such third party’s terms. This Privacy Policy does not cover the information practices of those third-party technologies.

International Transfers

Information collected from you may be stored and processed in the United States or any other country in which Brain Chase or its affiliates, subsidiaries, agents or contractors maintain facilities. If you are accessing the Service from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your data to the United States and processing globally. By providing your Information, you consent to any transfer and processing in accordance with this Privacy Policy.

 

Children’s Privacy Policy

Children’s online safety is important to us and we take measures to protect the Personal Information of children in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). This section explains our policies with respect to Information we collect from children under the age of 13 (“children”) and how we use that Information, as well as your rights as a parent.

Personal Information We Collect from Children

In order to access certain features and view content on the Service, your child can register by creating an account. When a child creates an account, the child will be asked to provide his or her first and last name, gender, current grade level and email address.  We may also request a child’s date of birth to verify their age and/or grade level. The child will be prompted to create a username and password during the account creation process; however, we strongly encourage children not to provide Personal Information in their usernames. The information we collect during the registration process may also ask for parent or guardian Personal Information, such as their first and last name and email address, for verification and security purposes.

We may also collect additional Information in connection with a Challenge where required by law.  Also, if your child is a finalist or a winner of any Challenge, we may collect additional Information for publicity and prize-fulfillment purposes.  For additional terms and conditions regarding Challenges, see the Contest Rules for the applicable Challenge.

We may passively collect persistent identifiers and other Technical Information and Behavior Tracking Information from children through their use of and interaction with the Service. The type of Information collected and our use of such Information is described above in our Privacy Policy. We may also passively collect aggregated Blind Data (as described above) about children, but this Blind Data does not contain Personal Information or otherwise enable others to personally identify children.

Consent from a Parent or Guardian

Before your child creates an account to use the Service or participates in a Challenge, and before we collect any Information from your child, we will use reasonable efforts to obtain verifiable consent. We will also provide you with notice of our practices regarding the collection, use and disclosure of Information obtained from children. To obtain verifiable consent, we ask for a credit card or other payment method, which we will charge for all fees related to your child’s participation in the applicable Challenge.  In certain cases we may obtain verifiable consent by other means.  Additional methods of obtaining consent may include, but are not limited to, signing a consent form and returning it to us via mail, fax or as an email attachment.

Our Practices Regarding Personal Information Collected from Children

  • We do not knowingly collect, use or disclose Information from children without verifiable consent from a parent or guardian.
  • We only use Information we collect from children to enable or enhance use of the Service, to provide certain features and for other internal purposes.
  • Third party “operators,” as defined by COPPA, do not collect or maintain Information from children through the Service; however, if your child is the winner of the Challenge, we will disclose your child’s name and city and state of residence in accordance with our Contest Rules.
  • Under COPPA, we cannot condition your child’s participation in any activity or feature on the child providing more Information than is reasonably necessary for the activity or feature. 

Your Rights as a Parent

As a parent, you have the right to review your child’s Information, have the Information deleted and to withdraw your consent to any further collection of your child’s Information by contacting us.  Additionally, if you notify us that you did not provide your consent prior to child accessing the Service or participating in a Challenge, or if you notify us that you wish to withdraw your consent, we will suspend your child’s account and, within seven days of your notice, terminate your child’s account and delete all Information obtained from your child.

To the extent we collect a parent or guardian’s email address and other contact information, such Information will be used solely for consent and notification purposes.  We will not disclose such Information, combine that Information with the Information collected from the child, or use that Information for any other purpose, unless you have separately opted in for such uses, such as receiving marketing communications.

Contacting Brain Chase

For questions or comments regarding this Privacy Policy, please contact us at Brain Chase Productions, LLC, 7225 W. Hwy 71, Suite C, Austin, TX 78735 or email us at info@brainchase.com.