Privacy Policy - BrainsWay

Privacy Policy

Privacy Policy

Last Updated: February 23, 2020

This Privacy Policy applies to your access and use of the BrainsWay, Ltd. and its affiliates’ (“BrainsWay” or “we” or “us”) websites, mobile applications, and other online programs (“Online Services”). By accessing or using any of the Online Services, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use any of the Online Services.

When you use any of the Online Services, we may collect information about you and we may share some or all of that information with third parties in certain circumstances. This Privacy Policy will give you more details and information about such collection, use and sharing.

Our online privacy practices are governed by the laws of the United States and the State of Delaware. By using any of the Online Services, you consent to the use and disclosure of that information in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

This Privacy Policy may be updated and changed from time to time. Please check periodically for changes. See additional details in the Changes/Updates section below.

List of topics:

  • Information We Collect
  • How We Use Information
  • Use or Sharing of Personal Information
  • Use or Sharing of Non-Personal Information
  • Cookies, Web Beacons and Online Advertising
  • Social Networking and Third-Party Sites
  • California Residents
  • Children
  • Security
  • Retention of Information
  • Managing Your Account Information and Communication Preferences
  • Changes/Updates

 

Information We Collect

Personal Information. The types of information we collect that identify you or relate to you as an individual (“Personal Information”) may include things such as the following:

  1. Name, date of birth, mailing address, telephone number, e-mail address, username and password (for account administration), when you supply this information voluntarily
  2. Device ID, including IP address, which are automatically collected and, while they don’t identify you as an individual, they do identify a particular computer or mobile device
  3. Geolocation (if you consent to this function)
  4. Financial account information and other payment information (that you submit to us for order processing)
  5. Health or biometric information, such as information about a medical condition, treatment, symptoms, or data integrated from a health tracker or app (when you supply this information voluntarily)
  6. Additional Personal Information you may submit as necessary for the administration of particular promotional events, such as sweepstakes or contests

 

Usage Information. Other types of data will also be collected periodically, such as:

  1. Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically
  2. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users
  3. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy
  4. Device Information – Device type, OS, and identifier


How We Use Information

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the Online Services. This includes the following:

  1. Process and manage your account or use of the Online Services and your purchase and use of our products and services
  2. Respond to your inquiries or process your requests
  3. To post your comments or statements on message boards or in our online forums
  4. Create and deliver personalized promotions based on your purchases and other interactions with us
  5. Send you communications about offerings from BrainsWay and our affiliated companies
  6. Improve our online services, including to perform data analysis, audits, fraud monitoring and prevention, identify usage trends, determine the effectiveness of our promotional campaigns, to gather, analyze, and/or publish post marketing and other scientific data and to operate and expand our business activities

 

Use or Sharing of Personal Information

Except as set forth below or as you expressly consent, we will not knowingly disclose your Personal Information to anyone outside of BrainsWay or our affiliated companies (collectively “BrainsWay”):

  • To Perform Services For You
    We may disclose your Personal Information to third-party service providers to provide us with services such as payment processing, website hosting, professional services, including information technology analysis, sharing, content customization and other services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Online Services and services you request.
  • Corporate Transactions or Events
    We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
  • Compliance with Law
    We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of BrainsWay or others; and (7) to enforce our terms and conditions.
  • Third Party Marketing
    We may, from time to time, share the information you provide to us with a few carefully selected third party marketing partners that we believe offer products or services that may be of interest to you. This may include doctors, clinics or other health professionals located in your area that offer our products and services. If you would like us to stop providing your information to our third-party marketing partners, you may opt-out by emailing us at contact@brainsway.com or sending a letter to Brainsway LTD, Hartom Street 19, Har Hotzvim Jerusalem 9777518 Israel.


Use or Sharing of USAGE Information

Usage information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).

Cookies, Web Beacons and Online Advertising

  • What Are Cookies?
    BrainsWay and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your online interaction with us. A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.
  • Types of Cookies

Each cookie performs one or more of the following functions:

(a) Essential Cookies: These first party cookies allow you to use a feature of the Online Services, such as to stay logged in or make purchase.

(b) Analytics Cookies: These can be first party or third-party cookies. Such cookies track information about how the Online Services are used so BrainsWay can make improvements and report on our performance. BrainsWay may also use such cookies to test new ads or features.

(c) Preference Cookies: These first party cookies store your Online Services preferences.

(d) Ad Targeting Cookies: These third-party cookies (also called “behavioral” or “targeted” advertising) are placed by advertising platforms or networks to deliver ads and track performance or to deliver ads based upon your activities.

  • How We Use Cookies
    We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Online Services.
  • Your Control of Cookies
    Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the Online Services may not work as well (or at all) for you.
  • Online Advertising
    We use Cookies and other technologies, such as pixel tags, web beacons, and clear GIF files, to help manage our online advertising program. These technologies may enable us (or third-party advertising services we work with) to learn which advertisements bring users to the Online Services. They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.  In addition, some third-party businesses may provide a mechanism to opt-out of their technology.  For more information about the opt-out process, visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp. At this time, the Online Services are not able to respond to do-not-track requests from browsers.
  • Analytics  We also use third-party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. (“Google”), to collect information about use of the Online Services. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Online Services, and your system information and geographic information. The information generated by the Google cookies about your use of the Online Services will be transmitted to and stored by Google. The information collected by Google allows us to analyze the use of the Online Services, but does not identify you.


Social Networking And THIRD-PARTY Sites

When you sign in or link to the Online Services through any social networking service, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services. If you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the Online Services. The Online Services may provide links to other sites or services. If you use such other sites or services, check their privacy policies. We are not responsible for the privacy practices of any other site or service.

THIRD PARTY HEALTH app integration

You may elect to integrate the Online Services with the Apple HealthKit™ database or the Google Fit database (collectively, “Third Party Health Apps”). The Online Services cannot read or write to the Third Party Health Apps without your express permission. Information accessed from the Third Party Health Apps will not be shared with third party service providers without your express permission. Your Third Party Health App sourced data or documents will only be used, with your permission, to improve health management, or for the purpose of health research, and will not be shared with advertisers or used for marketing purposes.

The information you provide directly from the Third Party Health Apps (not through the Online Services) are governed by the Terms and Conditions and Privacy Policy of Apple or Google. If you use one of the Third Party Health Apps, review the Terms and Conditions and Privacy Policy for such Third Party Health App. BrainsWay is not responsible for the protection of data and information stored within the Third Party Health Apps.

California Residents

This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”).

a. Personal Information Collected

This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 (“California Law”) where the resident is acting in their own capacity and not acting on behalf of a company or organization in the context of business activities.

BrainsWay collects the following categories of Personal Information, as defined by California Laws:

  • Inferences
  • Identifiers
  • Health Information
  • Commercial Information
  • Employment Information

We collect them for the purposes described above, and may share as outlined the section titled, “Use or Sharing of Personal Information” above.

b. California Residents Rights

Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

  • Disclosure & Access Rights: California residents have the right to request in writing from a business, (i) a list of the categories of personal information, such as name, address, e–mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including Independent Affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, California residents have the right to request that we disclose to them (i) the categories of personal information we have collected about them, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual.
  • Deletion Rights: California residents have the right to have their personal information deleted, unless the personal information is necessary for the business or service provider to:
  • complete a transaction for which the personal information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;
  • detect security incidents;
  • protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
  • debug to identify and repair functionality errors;
  • exercise or ensure the right of another to exercise free speech or another legal right;
  • comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
  • engage in research in the public interest (if the consumer has provided informed consent);
  • to enable solely internal uses aligned with the consumer’s expectations given their relationship with the business;
  • comply with a legal obligation;
  • otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.
    • Do Not Sell: Californian residents have the right to opt-out of having their personal information sold. We do not sell personal information.

 

Californians can exercise their privacy rights by contacting us at contact@brainsway.com or 1-844-386-7001.

Response Time.  We will handle request under applicable law in California. When a request is made, we may verify your identity to protect your privacy and security. We will respond to written rights requests within 45 days following receipt at the e–mail or mailing address stated above. If we receive your request at a different e–mail or mailing address, we will respond within a reasonable period of time. Please note that we are only required to respond to each customer once per calendar year.

 

Children

The Online Services are not intended for children under the age of 18. We will not knowingly collect any personally identifiable information from children under the age of 18. If we learn that we have obtained any personally identifiable information about a child under age 18, we will delete that information.

Security

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Online Services. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

Retention of Information

Following termination or deactivation of any user account you may create, unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the Online Services posted to public or semi-public areas of the Online Services after termination or deactivation of your user account.

Managing your account Information and communications preferences

To update or correct your account information – or if you would like to stop receiving marketing communications from us via email or other methods – you may contact us at contact@brainsway.com, or send a letter to us at Brainsway LTD, Hartom Street 19, Har Hotzvim Jerusalem 9777518 Israel.

Changes and Updates

We will notify you of changes to this Privacy Policy by posting the amended terms on the Online Services and providing any advance notice required by law. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the new terms, you should stop using the Online Services and services, and if you are a registered user, you may cancel your account with us within the notice period we specify by contacting us at contact@brainsway.com, and you will not be bound by the new terms. Otherwise, the new terms will take effect on the date listed in the notice we provide.

 

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