Last Updated: October 22, 2018
A reference to “Neurotracker,” “we,” “us,” “our,” or the “Company” is a reference to Neurotracker Inc.
1. Processing activities covered
- Visiting our offices;
- Receiving communications from us, including emails, texts, or fax;
- Registering for our events;
- Participating in community and open source development.
Our websites may contain links to other websites, applications, and services maintained by third parties. The information practices of such other services are governed by the third-party Privacy Policies, which we encourage you to review to better understand those third parties’ privacy practices.
- Responsible Neurotracker entity
- What Personal Data do we collect?
3.1 Personal Data we collect directly from you
The Personal Data that we collect directly from you may include the following:
- if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our websites, sign up for an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, email address, or username, and password;
- if you make purchases via our websites or register for an event, we may also require you to provide us with financial information and billing information, such as billing name and address, credit card number, or bank account information;
- if you attend an event, we may, upon your consent, scan your attendee badge, which will provide us with your name, title and company name, address, country, phone number, and email address;
- if you register for an online community that we host, we may ask you to provide a username, photo and/or biographical information, such as your occupation, social media profiles, company name, and areas of expertise;
- if you use and interact with our websites, we automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons, or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Data (view the “What device and usage data we process” section below);
- if you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name, and time and date of arrival;
- if you use our services, we may ask you to explicitly consent to the collection, processing and storing of data concerning your health, namely, exercise data, physical performance data used for individual analysis or group comparison analysis.
3.2 Personal Data we collect from other sources
We may also collect information about you from other sources, including third parties from whom we have purchased Personal Data, and combine this information with Personal Data provided by you. This helps us to update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. In particular, we collect Personal Data from the following sources:
- Business contact information, including mailing address, job title, email address, phone number, ‘intent data’, which is web user behaviour data, IP addresses, social handles, LinkedIn URL, and custom profiles from third party data providers for the purposes of targeted advertising, delivering relevant email content, event promotion, and profiling;
4. What device and usage data we process
We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Data, from your computer or mobile device as you navigate our websites or interact with emails we have sent you.
4.1 Exercise Data
Neurotracker may track your exercise data. Such data is collected in the context of our operations, and includes information concerning your physical characteristics, performance metrics, exercise measurements, and/or other information relating to your exercise experience (“Exercise Data”). This information is used to provide our services to you, keep track of your performance and improvements and allow features such as report cards.
When collecting Exercise Data, Neurotracker will not collect any information which may be used to directly identify and will store such Exercise Data separately from your other Personal Data.
4.2 Log Files
As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.
This information is used to analyze overall trends, to help us provide and improve our websites, and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into the services as part of the Company’s security features.
4.3 Cookies, web beacons, and other tracking technologies
When you visit our websites, our servers or an authorized third party may place a cookie on your browser, which can collect information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track overall usage, determine areas that you prefer, make your usage easier by recognizing you, and providing you with a customized experience.
We also use web beacons on our websites. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such tracking technologies are used to operate and improve our websites and email communications and to track the clicking of links or opening of emails. All cookies placed by Neurotracker expire after 12 months.
4.4 Notices on behavioral advertising and opt-out
As described above, and upon receipt of your consent to place such cookies on your computer or device, we or third parties may place or recognize a unique cookie on your browser when you visit our websites for the purposes of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). To learn more about targeted advertising, advertising networks, and your ability to opt out of collection by certain third parties, please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here.
To manage the use of targeting or advertising cookies on this website, you may consult your individual browser settings for cookies or use the opt-out tool detailed in Table 4.2. To learn how to manage privacy and storage settings for Flash cookies click here. Various browsers may offer their own management tools for removing HTML5 local storage.
4.5 Opt-In to collection of device and usage data
You may opt-in to collection of device and usage data (see “What device and usage data we process” section above) by managing your cookies at the individual browser level or use the opt-out tool detailed in Table 4.2. Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the website.
While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies, or regulators. To the extent that we are able, we will respond to DNT signals with respect to our websites; however, we cannot currently commit to responding to DNT signals from browsers that are not compatible with our systems. Currently, our systems are compatible with the major browsers used by most internet users, such as Firefox, Chrome, and Explorer. Neurotracker takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
4.6 Social Media Features
Our websites may use social media features, such as the Facebook “like” button, the “Tweet” button, and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third-party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our websites with your social media profile.
Neurotracker also allows you to log in to certain of our websites using sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain Personal Data with us such as your name and email address to pre-populate our sign-up form.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.
4.7 Telephony log information
If you use certain service features, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points, and cell towers).
5. Purposes for which we process Personal Data and the legal basis on which we rely
We collect, process your Personal Data for the purposes and on the legal bases identified in the following:
- Promoting security of our websites: We will process your Personal Data by tracking use of our websites, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
- Managing user registrations: We will process your Personal Data by managing your user account for the purpose of performing the contract with you according to any applicable terms of service;
- Handling contact and user support requests: If you fill out a “Contact Me” web form, request user support, or if you contact us by other means, we will process your Personal Data for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
- Managing event registrations and attendance: We will process your Personal Data to plan and host the event or webinar, including related communication with you, on basis of the performance of our contract with you;
- Managing payments: If you have provided financial information, we will process your respective Personal Data to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the contract entered into with you;
- Developing and improving our websites: We will process your Personal Data to analyze trends and track your usage of our websites and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our websites and to provide our users with more relevant and interesting content;
- Managing office visitors: We will process your Personal Data for security reasons, to register who visited our offices and who signed the non-disclosure agreement that visitors may be required to sign.
- Displaying personalized advertisements and content: We will process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites, and other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent (please also view “Your rights relating to your Personal Data” below to learn how you can control how your Personal Data is processed by Neurotracker for marketing purposes);
- Sending marketing communications: We will process your Personal Data to send you marketing information, product recommendations, and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions, or events as necessary for our legitimate interests to conduct direct marketing or to the extent you have provided your prior separate consent (please also view “Your rights relating to your Personal Data” section below to learn how you can control how your Personal Data is processed by Neurotracker for marketing purposes);
- Complying with legal obligations: We will process your Personal Data when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order, or legal process, and/or to respond to lawful requests.
Where we need to collect and process Personal Data by law, or under a contract we have entered into with you and you fail to provide that required Personal Data when requested, we may not be able to perform the contract.
6. Who do we share Personal Data with?
We may share your Personal Data with the following recipients:
- Our contracted service providers which provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support, and data enrichment, whose names, addresses and contact information are reproduced below; such service providers comprise companies located in the countries in which we operate;
- If you use our websites to register for an event or webinar organized by a one of our affiliates, we may share your Personal Data with the affiliate to the extent this is required on the basis of the contract with you to process your registration and ensure your participation in the event; in such case, our affiliate will process the relevant Personal Data as a separate controller and will provide you with further information on the processing of your Personal Data, where required.
- If you attend an event or webinar organized by us, we may share your information with sponsors of the event if: (1) you consent to such sharing via an event registration form; or (2) you allow your attendee badge to be scanned at a sponsor booth. In that event, your information will be subject to the business partners’ respective Privacy Policies. If you do not wish for your information to be shared, you may choose not to opt-in during event registration or elect not to have your badge scanned at our events;
- Third–party social networks, advertising networks, and websites, which usually act as separate controllers, so that Neurotracker can market and advertise on third party platforms and websites, such third-parties’ names, addresses and contact information;
- In individual cases we may also share Personal Data with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in countries in which we operate; who provide consultancy, banking, legal, insurance, and accounting services;
- Other affiliates within the Neurotracker corporate group to the extent this is necessary to fulfill a request you have submitted via our websites, or for customer support, marketing, technical operations, and account management purposes;
- If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets, or stock are acquired by another company, we may transfer some or all of your Personal Data to such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any such transfer of Personal Data to an unaffiliated third party as processing of your Personal Data will be required for the purposes set out in “Purposes for which we process Personal Data and on which legal bases” section above.
- Any Personal Data or other information you choose to submit in communities, forums, blogs, or chat rooms on our websites may be read, collected, and/or used by others who visit these forums, depending on your account settings.
7. International transfer of Personal Data
Your Personal Data may be collected, transferred to, and stored by us in Canada, the United States, and by our affiliates in other countries where we operate.
Therefore, your Personal Data may be processed outside the EEA, and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.
With the exception of NEUROEDX and NEUROKIDX, our websites are not directed at children. We do not knowingly collect Personal Data from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us as described in the “Contacting Us” section below and we will take steps to delete such Personal Data from our systems.
For our websites directed at children, we require that parental consent be duly provided prior to our collecting, processing or storing of a children’s Personal Data.
9. How long do we keep your Personal Data?
We may retain your Personal Data for a period of time consistent with the original purpose of collection (see “Purposes for which we process Personal Data and on what legal basis” section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).
After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will inform you and put in place appropriate measures to prevent any further use of the data.
10. Your rights relating to your Personal Data
10.1 Your rights
You have certain rights regarding your Personal Data, subject to local data protection laws. These may include the following rights:
- to access your Personal Data held by us (right to access);
- to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
- to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
- to restrict our processing of your Personal Data (right to restriction of processing);
- to transfer your Personal Data to another controller to the extent possible (right to data portability);
- to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
- not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making currently does not take place on our websites;
- to the extent we base the collection, processing, and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
10.2 How to exercise your rights
To exercise your rights, please contact us in accordance with the “Contacting Us” section below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally, it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a Neurotracker Affiliate, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.
In addition, if you have registered for an account with us, you may generally update your user settings, profile, organization’s settings, or event registration by logging into the applicable website with your username and password and editing your settings or profile. To update your billing information, discontinue your account, and/or request return or deletion of your Personal Data and other information associated with your account, please contact us.
10.3 Your rights relating to Customer Data
As described above, we may also process Personal Data in the role of a processor (see “Responsible Neurotracker entity” section above). If your data has been submitted to us by a Neurotracker Affiliate and you wish to exercise any rights you may have under applicable data protection laws, please inquire with our affiliate directly. Because we may only access our customer’s data upon instruction from the respective affiliate, if you wish to make your request directly to us, please provide the name of the Neurotracker affiliate who submitted your data, when you contact us. We will refer your request to that affiliate and will support them as needed in responding to your request within a reasonable timeframe.
10.4 Your preferences for marketing communications
If you originally opted in to allowing us to process your Personal Data for the purpose of sending you marketing communications and you would like to change your status, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe here or by contacting us using the information in the “Contacting Us” section below. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements, or security information.
11. How we secure your Personal Data
We take precautions, including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Personal Data we process or use.
In case of a personal data breach that is likely to result in high risk to your rights and freedoms, we will notify you and the proper authority within 72 hours of becoming aware of the breach and without undue delay (Arts. 33 and 34 GDPR).
While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us via the “Contacting Us” section below.
13. Contacting us
Data Protection Officer
5800 Saint Laurent Boulevard, Second Floor,
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.