PROXI AI, INC dba BRANDthro PRIVACY POLICY

Introduction

Your privacy is important to PROXI AI, INC dba BRANDthrō, ‘PROXI’. PROXI is committed to being a good steward of your information, handling it in a responsible manner, and securing it with administrative, technical, and physical safeguards by design.

PROXI follows three guiding principles when it comes to your privacy:

  • Transparency. We work hard to be transparent about what information we collect and process.
  • Simplicity. We try to use easy-to-understand language to describe our privacy practices to help you make informed choices.
  • Control. We give you control over the information you provide to us, and how it is used, shared, and retained.

This Privacy Policy sets forth PROXI’s privacy practices for all PROXI software and applications, the PROXI websites (Websites), and all other PROXI products or services provided or otherwise made accessible to you (collectively, the Services). This Privacy Policy describes how PROXI collects, discloses, stores, transfers, and uses information that identifies or could individually identify you (“Personal Information”) in connection with the Services.

References to “we,” “us,” “our,” and other similar references mean PROXI, and “you” and “your” and other similar references mean any user of the Services.

BY (i) CLICKING “I ACCEPT PROXI’S PRIVACY POLICY” OR ITS EQUIVALENT OR (ii) USING OR ACCESSING THE SERVICES ON OR AFTER THE EFFECTIVE DATE IN ANY WAY, EXCEPT FOR THE SOLE PURPOSE OF REVIEWING THIS PRIVACY POLICY, YOU ARE AFFIRMATIVELY AND FREELY GIVING PROXI, SPECIFIC, INFORMED AND UNAMBIGUOUS INDICATION OF YOUR AGREEMENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION SUBJECT TO THE TERMS OF THIS PRIVACY POLICY.

Please contact us if you have any questions or comments about our privacy practices. You can reach us online at todd@brandthro.com, by telephone at +1 415 225 1097, or by mail at PROXI AI, Inc., c/o Todd Myers 561 Tenth Avenue, 26H New York, NY 10036 USA.

Types of Information We Collect

PROXI collects Personal Information about you (i) when you provide it directly to us, (ii) when third parties such as our business partners and service providers provide us with Personal Information about you, or (iii) when Personal Information about you is automatically collected in connection with your use of the Service. We collect the following Personal Information from you in connection with the Service:

  1. Contact Information: information we collect to identify or contact you, we collect typical “business card information” such as your first and last name, physical address, email address, or telephone number. For example, this is the basic information that we collect when you register for the Service.
  2. Financial Account Information: information that you provide in connection with your participation in the Services (survey participant) may include bank account number, bank account title, bank name, branch location, and routing number, to facilitate payment for your participation.  You must only provide us with Financial Account Information for accounts that you have the lawful right to access. 
  3. EEG Data: electrical biosignals collected using PROXI devices and any related monitoring equipment, motion sensor outputs, associated data such as event timing markers, mouse, touchscreen, gestural, and keyboard events, eye movements, survey responses, choices, and preferences, tactile, audio, visual, and other sensory stimuli, reaction times, self-assessment, and cognitive performance. It also includes information that may be inferred from the foregoing sources, either alone or in any combination. 
  4. User Account Information: information that identifies you to the Service, such as your username, email address, password, and IP address. For example, we use this information to authenticate you when you log in to the Service, and use the IP address to help maintain your web session security while using the Service. 
  5. User Content: to the extent that you choose to input Personal Information as part of such content, images, comments, and other content, information, and materials that you post to or through the Service. 
  6. Partner Information: information that our business partners, such as our content-providing partners, share with us. For example, if you use their services to purchase, preview, and/or otherwise use their content when using the Service.
  7. Log Data: information recorded about how you use the Services, such as IP addresses, cookies, device and browser type, geographic location, web beacons, operating system, the pages, features, products or services you browsed, the time spent viewing those pages, features, products or services, the products or services you added to your cart or purchased, the frequency with which you used the Services, search terms you used, the links on the Services that your clicked on or used, and other statistics. If you enable your browser’s Do Not Track feature, PROXI will not be able to collect certain Log Data regarding your online activities.
  8. Experiment Data: information collected from you during your participation in an experiment, such as your EEG Data, demographic data, performance data, and responses to experiment questions.

We sometimes collect usage and performance information that is not Personal Information. We also sometimes associate data that is not Personal Information, such as our intellectual property, with Personal Information.

How We Collect Personal Information

We collect Personal Information when a user (i) creates an account with PROXI (a “User Account”); (ii) logs into the Service; (iii) interacts with the Services (such as by submitting EEG Data); (iv) uploads or generates User Content, such as by third-party social media platforms; (v) communicates with us; (vi) responds to a communication or interaction from us; and (vii) decides to participate in an experiment. 

In the event you provide PROXI with information about a third party, such as an employee, friend, or research or study partner, you represent and warrant to PROXI that you have obtained the informed written consent of such third party to: (i) provide this third-party information to PROXI; and (ii) allow PROXI to process and share this third-party information in the same manner as your information under this Privacy Policy.

How We Use Personal Information

We use Personal Information to: (i) provide, administer, and improve the Services; (ii) better understand your needs and interests; (iii) fulfill requests you make; (iv) personalize your experience, such as to provide you with information regarding your overall cognitive performance relative to other users of similar age or other characteristics; (v) conduct experiments you have decided to participate in; (vi) provide announcements; (vii) provide you with information and offers from PROXI; (viii) protect, investigate, and deter against fraudulent, harmful, unauthorized, or illegal activity; and (ix) comply with legal obligations.

Pseudonymization of EEG Data and Experiment Data

We use unique identifiers, such as your user ID, to process your EEG Data and Experiment Data so that it cannot be attributed to you without the use of your unique identifier. By design, we keep the unique identifier separate from your EEG Data and Experiment Data subject to technical and organizational measures to help ensure that your EEG Data and Experiment Data is not and cannot be attributed to you. 

Lawful Basis for Processing

We will only process your Personal Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests” or the legitimate interest of others, as further described below.

  1. Contractual Necessity: We process Personal Information because we need to process the data to perform our contract(s) with you, which enables us to provide you with the Service. When we process data due to contractual necessity, failure to provide such Personal Information will result in your inability to use some or all portions of the Services that require such data.
  2. Legitimate Interest: We process some categories of Personal Information when we believe doing so furthers the legitimate interest of us or third parties. Examples of these legitimate interests include: (i) operating and improving our business, products, and services; (ii) marketing of our products and services; (iii) providing customer support; (iv) protecting from fraud or security threats; (v) complying with legal obligations; and (vi) completing corporate transactions.
  3. Consent: In some cases, we process Personal Information based on the consent you expressly grant to us. 
  4. Other Processing Grounds: From time to time, we may also need to process Personal Information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom We Share Information

We share Personal Information with vendors, third-party service providers, and agents who work on our behalf and provide us with services related to the Service. These parties include: (i) third parties who act for us or provide services for us, such as billing and credit card payment processing, maintenance, sales, marketing, administration, support, data enrichment, hosting, and database management services; and (ii) outside professional advisors (such as lawyers and accountants) for purposes related to the operation of our business such as auditing, compliance, and corporate governance.

We also share Personal Information when we believe it is necessary to: (i) comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; (ii) protect us, our business or our users, or third parties, for example to enforce our terms of use, prevent spam or other unwanted communications and investigate or protect against fraud; or (iii) maintain the security of our products and services.

We share individualized and aggregated EEG Data and Experiment Data with third parties for marketing, scientific and historical research purposes. 

PROXI may sell, transfer, or otherwise share some or all of its business or assets, including your Personal Information, in connection with a business deal (or the evaluation of a potential business deal) such as a merger, consolidation, acquisition, reorganization, or sale of assets or in the event of bankruptcy. You acknowledge that such transfers may occur and that any acquirer or successor of PROXI or its assets may continue to use your Personal Information as set forth in this Privacy Policy. You may be notified via email and/or a prominent notice on the Services of any change in ownership or resulting change in uses of your Personal Information, as well as any choices you may have regarding your Personal Information. 

We will not share your Personal Information with third parties without ensuring appropriate safeguards and effective and enforceable rights and remedies are in place, as required by law.

Security

We believe the security of your information is important and we are committed to protecting the information we receive from you. The Personal Information we collect about you is stored in limited access servers located in the United States where PROXI has facilities. We use commercially reasonable security measures to protect against the loss, misuse, and alteration of your information under our control based on the type of Personal Information and applicable processing activity, such as pseudonymization, data encryption in transit, and data encryption at rest. 

To the extent the Services require you to provide any Financial Account Information, that information will be collected and processed by third-party PCI-compliant service providers.

No security measures are 100% effective, however, and we cannot guarantee the security of your Personal Information. We will notify you of any data breach where your Personal Information has been obtained by unauthorized third parties, as required by law.

Data Retention

We retain Personal Information about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service, and thereafter as set forth in any applicable agreement with you, or as set forth below. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. We retain your EEG Data for marketing products scientific or historical research purposes. 

Third-Party Services

This Privacy Policy applies only to the Service. It does not apply to products, services, or sites that are provided by or operated by third parties, even if such products, services or sites are linked or redirected to or from the Services (“Third-Party Services”), regardless of whether or not such link or redirection is authorized by PROXI. Third-Party Services may have their own policies regarding privacy, or no policy at all. The fact that we link to a Third-Party Site is not an endorsement, authorization, or representation that we are affiliated with that third party. PROXI is not responsible for Third-Party Services, and you use them at your own risk. We encourage you to read the privacy policies and terms of the Third-Party Services that you visit or use.

Your Privacy Choices

You have certain rights with respect to your Personal Information, and we want to help you review and update your information to ensure it is accurate and up to date. 

We may limit or reject your request in certain cases, such as if the Personal Information is used for marketing, scientific or historical research purposes, if it is frivolous or extremely impractical, if it jeopardizes our rights or the rights of others, if it is not required by law, or if the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question. In some cases, we may also need you to provide us with additional information, which may include Personal Information, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days.

Subject to certain limitations as set forth above or otherwise provided by law, you may email us at todd@brandthro.com for any of the following:

  1. Access: You can request more information about the Personal Information we hold about you and request a copy of such Personal Information. 
  2. Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. 
  3. Erasure: With the exception of your EEG Data and Experiment Data, you can request that we erase some or all of your Personal Information from our systems. We retain your EEG Data and Experiment Data for marketing, scientific or historical research purposes. Please note that if you request the deletion of information required to provide the Services to you, your User Account will be de-activated, and you will lose access to the Service. 
  4. Portability: You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
  5. Withdrawal of Consent: If we are processing your Personal Information based on your consent, you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of the Service. Any use of your data that has already been performed prior to our receipt of your request will not be reversed, undone, or withdrawn. If you withdraw your consent, your EEG Data and Experiment Data may still be used by us and shared with our third-party service providers to provide and improve our Services and may be shared as aggregate information that does not identify you as an individual.
  6. Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes, such as for marketing purposes. 
  7. Restriction of Processing: You can ask us to restrict further processing of your Personal Information.

We will give you the ability to opt-out of marketing-related emails by contacting us at todd@brandthro.com, or clicking on a link at the bottom of each such email. You cannot opt-out of receiving certain non-marketing emails regarding the Service.

If you want to disable cookies, check with your browser provider to learn how.

Except as permitted by your consent to this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and you may be able to prevent the sharing of this information. To the extent permitted or required by applicable law, you can opt-out of having your information shared with a third party that is not our agent, by contacting us at todd@brandthro.com. However, please note that opting-out of information sharing or collection may affect your ability to use some or all features of the Service. 

ONCE PROXI PROVIDES YOUR EXPERIMENT DATA TO THE SCIENTIST CONDUCTING THE EXPERIMENT, PROXI WILL BE UNABLE TO DELETE SUCH DATA.

You also have the right to lodge a complaint about PROXI’s practices with respect to your Personal Information with the supervisory authority of your country or State.

Social Media Features

Some parts of the Services may include social media features. These social media features are either hosted by a third party or hosted directly on the Services. When you use these tools, the party that provides the tool, the third party that operates the social media services, and/or we may receive Personal Information about you. By using these tools, you acknowledge that some information, including Personal Information, will be transmitted to us (although it will not be requested) and any potential, unintentional inclusion of personal information is therefore covered by this Privacy Policy, and that some information, including Personal Information, may be shared with the third-party services, and that information is therefore governed by their privacy policies. 

In general, Personal Information, once shared or disclosed, can be difficult to contain or retrieve. PROXI will have no responsibility or liability for any consequences that may result because you have released or shared Personal Information with others.

Closing Your Account

You may close an account, and upon termination of your User Account, we will take reasonable steps to provide, modify, or delete your Personal Information as soon as is practicable. However, PROXI may nevertheless retain your Personal Information to protect the business interests of PROXI, and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements. We will retain your EEG Data for marketing, scientific or historical research purposes.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by PROXI pursuant to Section 1798.83 of the California Civil Code, please contact as set forth above.

Changes

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, you will be notified via email (if you have an account where we have your contact information) or otherwise in some manner through the Services that we deem reasonably likely to reach you (which may include posting a new privacy policy on our Websites). Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Services (or as otherwise indicated at the time of posting) or on the Effective Date set forth in the modified Privacy Policy. IN ALL CASES, YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY MODIFIED PRIVACY POLICY INDICATES YOUR FREELY GIVEN, SPECIFIC, INFORMED AND UNAMBIGUOUS INDICATION OF YOUR AGREEMENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION SUBJECT TO THE TERMS OF THE MODIFIED PRIVACY POLICY.

Children

The Services are not intended for children under the age of 16, and therefore, PROXI does not knowingly acquire or receive Personal Information from children under the age of 16. If we later learn that any user of the Services is under the age of 16, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service. Please contact todd@brandthro.com if you are a parent or guardian of a child under 16 whom you believe has provided us with any Personal Information. 

Enforcement

We will conduct internal audits of our compliance with this Privacy Policy, and work to ensure that our employees and service providers also adhere to the Privacy Policy. 

If you have any questions or concerns regarding privacy related to the Service, please contact us by mail, telephone, or email using the contact information set forth below, and we will try to resolve your concerns. 

Email: todd@brandthro.com

Telephone: +1 415 225 1097

Address: PROXI AI, Inc., Attn: Todd Myers 561 Tenth Avenue, 26H, New York, New York 10036