This Privacy Notice (“Notice”) describes how Brainalyzed Finance GmbH (“We”, “Us”, “Our”), collects and uses Your personal data when you visit Our website and application, including when You subscribe to or renew a subscription for, the Brainalyzed platform (the “Platform”) or request other services.
You acknowledge and agree that Your personal data may be processed in accordance with this Notice. Failure to provide any personal data requested may prevent Us from entering into a contract with You and from performing under any such contract already entered into.
1 Contact details
We are the data controller pursuant to the Federal Data Protection Act (German BDSG) and all other applicable law from time to time relating to the processing of personal data, including (when applicable) the General Data Protection Regulation (EU) 2016/679 of the European Parliament (GDPR).
If You have any comments or enquires related to this Notice please do not hesitate to contact Us at:
Brainalyzed Finance GmbH
24576 Bad Bramstedt, Germany
Phone: +49 174 2093049
2 Personal data collected
We collect certain personal data about You for the purposes specified in section 3.
Personal information is all information that relates to an identifiable natural person. These include: name, email address, home address, gender, date of birth, telephone number, age, etc.
We collect the personal information that You provide Us with directly, including when You subscribe to, or renew a subscription for, the “Platform”, request other services or engage in correspondence with Us.
In addition, We automatically collect certain information about Your use of Our websites and applications, including the pages visited and your IP address.
We do not collect any information in respect of payment details, such as credit card or bank account number. Such information is processed solely by Our payment services providers.
3 How we use your personal data
We may use Your personal data for the following purposes:
3.1 to provide the services requested by You, including to manage Your subscription to the Platform, to invoice You and for debt recovery;
3.2 to provide You with customer service and to communicate with You about Our services, including for example in respect of changes to Our services or Our terms and conditions;
3.3 to help Us better understand how Our services, including Our website(s) and Our application(s), are being used in order to personalize them and to facilitate improvements hereof and the development of new services;
3.4 to communicate with You about special offers, promotions, and other news about Our services or those offered by Our selected partners, including via email, telephone and/or text messages, but always subject to Your explicit consent;
3.5 to prevent, detect and investigate fraud or illegal activity related to Our services; and to comply with Our legal obligations and for establishing, exercising or defending Our legal rights.
5 Third-party recipients of your personal data
The below categories of third parties may process Your personal data:
5.1 service providers assisting with Our business activities such as Our payment services providers, hosting providers, providers of IT support, accounting firms and law firms;
5.2 regulators and public authorities, such as the police, but only to the extent required by law, court order or if necessary to establish, exercise or defend Our legal rights, including in relation to suspected or attempted fraud;
5.3 Our affiliates (if any), and
5.4 other third parties with Your consent or if they are involved in a merger, de-merger or a sale which involves all or part of Our business or assets.
You can rest assured that any such transfer of Your personal data will take place in accordance with applicable data protection legislation and subject to appropriate security measures.
6 Transfer of your personal data outside of the European economic area (EEA)
Some of the third parties to whom We may transfer Your personal data may be located outside of the EEA.
If We transfer any of Your personal data to countries outside of the EEA which do not provide an adequate level of protection according to applicable data protection legislation We will always ensure that appropriate safeguards to protect Your data are in place. In this respect, We may rely on standard data protection clauses adopted by the European Commission or Privacy Shield certification (only relevant to the US). If You would like more information about the measures in place to protect Your data, please contact Us using the contact details specified in section 1.
7 Legal basis for processing your personal data
The processing of Your personal data is based on the provisions of the GDPR and this Notice because it is necessary:
7.1 for the performance or entering into a contract with You, including in order to provide You with Our services on basis of Art. 6 sec. 1 lit b GPDR.
7.2 for compliance with Our legal obligations, including in respect of accounting on basis of Art. 6 sec. 1 lit c GPDR; or
7.3 for the purpose of furthering our legitimate interests, including in respect of improving or developing services, including Our website(s) and application(s), operating Our website(s) and application(s), carrying out marketing and to prevent, detect and investigate fraud or illegal activity on basis of Art. 6 sec. 1 lit f GPDR.
We will also process Your personal data on the basis of any consents provided by You, for example, to communicate with You about special offers, promotions, events and other news about Our services or those offered by Our selected partners.
8 Protection and storage of your personal data
We take Your privacy seriously and will accordingly ensure that appropriate technical and organizational safeguards are in place at all times in order to protect Your personal data against unauthorized or unlawful processing and against accidental loss, damage, destruction, alteration or disclosure.
The personal data We collect about You will only be stored by Us for as long i) as You have a user account with Us or as otherwise necessary for Us to provide the services requested by You, or ii) as required by applicable law. Any data kept longer will be anonymized.
9 Right to access and rectify your personal data
Subject to certain conditions set out in data protection legislation, You have the following rights in respect of Your personal data:
9.1 the right to obtain a copy of the personal data We have collected about You and to transmit said copy to another data controller;
9.2 the right to update or amend the personal data We have collected about You if it is inaccurate or incomplete;
9.3 the right to erase or restrict the processing of the personal data We have collected about You;
9.4 the right to object to the processing of the personal data We have collected about You, including in respect of any data processed for direct marketing purposes; and
9.5 the right to withdraw any consents You have provided in respect of Our processing of Your personal data. You have the option to contact Us or a data protection supervisory authority with a complaint.
10 Changes to this notice
From time to time We may change this Notice. Changes made to this Notice will be notified to you by email where appropriate. In case You do not accept the changes within the deadline stated in the email (which will be no less than thirty (30) days), We may have to (and reserve the right to) deny You access to use Our services or terminate any agreement with You pursuant to Our Terms and Conditions.