Privacy Policy

Our Privacy Policy

At Brainpower and Heart Enterprises, we respect and value the privacy of all individuals. This Privacy Policy describes how your personal information is collected, used, shared, and safeguarded when you access our website, services, or products (collectively, the "Service"). Please read this Privacy Policy carefully. By using the Service, you consent to the collection and use of your information by us as set out in this Privacy Policy.

If you have additional questions or require more information about our Privacy Policy, please contact us at [email protected].

1. Consent

By using the Service, you hereby consent to our Privacy Policy and agree to its terms.

2. Personal Data Brainpower and Heart Enterprises, LLC. Collects Now or May Collect in the Future

Brainpower and Heart Enterprises, LLC. may collect information from you in various ways, including asking you directly for information and collecting information from and about the equipment you use when you access the Service. We may also collect information about your selections and choices by examining how you interact with the Service.

If you contact us directly, we may receive additional information about you, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

3. Types of Data Collected Now or in the Future

•  Information About You

Brainpower and Heart, LLC. may collect your name, email address, and telephone number when you register for an account, update or change information for your account, and when you sign up for email updates. You may not send us any sensitive personal information (e.g., social security number, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service or otherwise.

•  Search History

Brainpower and Heart Enterprises, LLC may collect information about searches performed while using the Service.

•  Identifiers

In addition to the information that you provide when you register, Brainpower and Heart Enterprises, LLC may collect certain information automatically, such as your mobile device's unique device ID, account IDs, assigned user IDs, your mobile device's IP address, your mobile device operating system, or other user-or account-level or device information that can be used to identify a particular user or account or mobile device.

•  Usage Data

Brainpower and Heart Enterprises, LLC may include information such as Your Device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device's unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or access the Service by or through a mobile device.

•  Diagnostics

Brainpower and Heart Enterprises, LLC may collect data to determine how well the Service is performing, such as crash data, launch time, hang rate or energy use and other technical performance data.

4. How we use your information

We will never sell your personal information. We use the information we collect in various ways, including 

•  To provide and maintain our Service, including monitoring the usage of our Service.
•  To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give you access to different functionalities of the Service that are available to you as a registered user.
•  For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
•  To contact You: We will contact you by email, telephone call, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
•  To provide you with news, special offers, and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
•  To manage your requests: To attend and manage your requests to us.
•  Find and prevent fraud.

 

5. Data Sharing

•  Brainpower and Heart Enterprises, LLC does not sell your personal data.
•  Brainpower and Heart Enterprises, LLC may provide access to your personal data to a third party for purposes of a sale, merger, capital infusion, loan, or reorganization of the business or assets of Brainpower and Heart Enterprises, LLC.
•  We may use your personal data to contact you through newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. We may use Email Marketing Service Providers to manage and send emails to You. 
•  Kajabi - their Privacy Policy can be viewed At https://legal.kajabi.com/policies/privacy

 

6. Data Retention

Brainpower and Heart Enterprises, LLC will retain your personal data. The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

7. Disclosure of Your Personal Data

•  Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

•  Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

•  Comply with a legal obligation
•  Protect and defend the rights or property of the Company
•  Prevent or investigate possible wrongdoing in connection with the Service
•  Protect the personal safety of Users of the Service or the public
•  Protect against legal liability

8. Cookies and Web Beacons

Like most other websites, the Service uses 'cookies'. These cookies are used to store information including visitors' preferences, and the parts of the Service that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

9. California Residents

If you are a California resident, please see our Privacy Notice for California Residents, which is incorporated into this Privacy Policy by this reference.

10. Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

1. Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
2. Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
3. Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
4. Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
5. Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
6. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

11. Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

•  Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
•  Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
•  Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
•  Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
•  Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
•  Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

12. Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

13. Jurisdiction and Cross-Border Transfer

Your personal data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Service you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

14. Communications

If you no longer wish to receive communications from us, you may opt out by emailing us at [email protected]. If you no longer wish to receive communications from a third party, you are responsible for contacting the third party directly.

15. Third Party Sites

The Service may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Service, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot protect the safety and privacy of information that you provide to a third party outside of the Service. Before visiting and providing any information to any third-party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for any third parties' content or privacy and security practices and policies, including other sites, services or applications that may be linked to or from the Service.

16. Security of Your Personal Data

The security of your personal data is important to us and we have the highest standards in the industry to protect your Personal Data, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use the highest commercial standards and acceptable means to protect your personal data, we cannot guarantee its absolute security. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal data to us.

17. Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

•  Stripe: Their Privacy Policy can be viewed at https://stripe.com/privacy

18. Children's Information

The Service is not intended for individuals under 13 years of age. We do not knowingly solicit information from or market to individuals under 13 years of age. If you become aware of any personal data we have collected from individuals under 13 years of age, please contact us using the contact information provided below.

19. Changes

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the date at the top of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Service, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Service after the date such revised Privacy Policy is posted.