Brace Privacy Policy

PRIVACY POLICY -

INTRODUCTION:

Brace Operations, LLC (“Brace” or “we”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Brace collects and uses your personal information and data. This Privacy Policy applies to all Personal Information that we receive from various sources, as outlined below. By using or accessing Brace’s website(s) in any way, or by engaging in transactions with Brace through any other means, you signify that you have read and understand this Privacy Policy and you consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website or transact business with Brace. This Privacy Policy applies to all websites and locations where it is presented, including but not limited to in the footers of our websites.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may provide to us. Both federal and state law in the United States define Personal Information or Personal Data, as do the laws of Canada, Australia, the European Union, and other countries and jurisdictions. Your rights related to your Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country.

“Processing” means collecting, using, recording, storing, disclosing, transmitting, analyzing, organizing, deleting, altering or modifying Personal Information, or other operations or actions that are performed on your Personal Information. Related words such as “process” and “processor” have the same meaning, adjusted to fit.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page and/or through our software and mobile applications. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website, software and services. Each time you use any service of Brace, you agree that the current version of this Privacy Policy applies.

PERSONAL INFORMATION THAT WE COLLECT:

In connection with our business, we collect and process the following categories of Personal Information of individuals:

Contact information, such as your name, mailing address, physical address, telephone, and email address).
Demographic information, such as your date of birth, gender, and country.
Health and biometric information of Brace software users’ in the form of self-reported physical and mental wellbeing scores, scored on a scale of 1-5.
Subscription information, including information regarding your use of our subscription service, software apps, or other services.
Payment information, such as credit card type or number, bank account number, etc.
Regulatory information (to satisfy regulatory obligations such as tax and other reporting obligations).
Website usage information with respect to your use of our website, including IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, dates and times of visits to our website, and other usage statistics.
Account credentials, including your username, password, password hints, and information used for authentication and account access.
Communications content, such as any messages you send to us such as feedback and questions to customer support, information you publicly post on our websites or other websites (such as product reviews or blog comments), e-mail messages, and recordings of telephone calls with customer service or other Brace representatives, and interactions with us on our social media channels.

No Children’s Data. Our website is not intended or designed to be used by anyone under the age of 13 and children’s Personal Information should not be shared with us. Brace does not collect Personal Information from any person it knows to be under the age of 13. Additionally, if you are between the ages of 13 and 17, do not transact with us (through this website, our software apps, or otherwise) and do not send us any Personal Information, unless you are supervised by a parent/guardian or have received permission from your parent/guardian.

Other Sensitive Data. We collect and process certain health and biometric information from users of our Brace software, for purposes of providing our mental and other health assessment services through our software to you and athletic teams with which you may be affiliated. Your responses to requests for such types of information are voluntary. We typically do not collect other types of “sensitive information” as generally described in privacy laws in the jurisdictions that we operate in, such as data regarding criminal offenses, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, or data concerning a natural person’s sex life or sexual orientation.

HOW WE COLLECT YOUR PERSONAL INFORMATION:

General. We collect Personal Information when you or your employer, athletic team or other organization registers an account with us, when you visit our website, when you use our software, services or products, participate in a feature of our website that requests or requires your Personal Information, and when you otherwise transact business with or communicate with Brace.

Information Collected Automatically. When you visit our websites, information about your electronic device is automatically collected, including your IP address, browser type, domain name, access times, geographic location, referring website address and other technical information. We collect this information through the use of cookies, web beacons, web server logs, and related technologies. See Cookies & Related Technologies below.

Information Collected From Third Parties. We use a variety of third party companies to provide our products and services and related information, such as LinkedIn, Facebook, X (formerly Twitter), and YouTube. We may collect information about you from those third parties, including for fraud protection purposes, address verification, account authentication and verification, marketing, and other business and commercial purposes.

Payment processing: Payment card information, such as account numbers, is collected and processed for paying customers who purchase a subscription to software. This payment card information does not apply to those users who are offered free licenses to our mobile application in connection with their organization’s subscription to the hosted software platform.

Data received from software users. Our customers who license or subscribe to our Brace software apps or subscription services have employees who are granted administration rights to create user accounts for other employees and designated persons. In countries whose privacy or data protection laws recognize such a distinction, these customers act as data controllers (“Controllers”) in the use of the software and the collection and processing of Personal Information to be able to effectively operate the software. In such countries, our role in processing (as defined at the beginning of this Privacy Policy) the Personal Information provided by our customers is as a “Processor,” since we are processing data on behalf of the Controller (who is the customer). As a Processor, we are obligated to process this Personal Information as part of our license agreement entered with the customer. The Personal Information collected in this scenario generally includes the name, physical address and phone number of each assigned user, but may also include information related to employment, such as job title and role, scheduling information assigned to an individual and maintenance tasks performed by an individual. Processing of this Personal Information is performed on behalf of the customer and for the purpose of providing the services requested by the customer.

Data obtained for marketing purposes for potential customers or others. We obtain marketing data from third parties that we use to reach out to inform potential customers and others of the services offered by our organization. The Personal Information collected generally includes the email address of a potential customer or other and may also include their name and phone number. We also use the contact information provided to us by our customers to communicate information about our products and services, which may include marketing our future products and services.

Cookies and Other Tracking Technologies: Brace uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).

What Are Cookies? A cookie is a small file containing a string of characters that is sent to your computer or device when you visit a website or use an online service. The cookie then communicates with servers, ours (e.g., first-party cookies) or those of another third party (e.g., third-party cookies) that we have authorized to place on our websites. When you visit our websites again, the cookie allows us to recognize your browser or device. Cookies may store unique identifiers, user preferences, and other information.

How Long Do Cookies Last? We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date. For more information about what cookies are being set, and their duration, you may visit our Cookie Manager Tool.

What Types Of Cookies Do We Use?

Necessary Cookies. These cookies are necessary for you to browse the websites and use their features, such as accessing secure areas of the websites. Without these cookies, certain aspects of the websites may not be available to you.
Preferences Cookies. These cookies collect information about how you have used the websites in the past and allow the websites to remember the choices you have made. These cookies allow us to improve how the websites work for you and tailor the websites to your preferences.
Statistics Cookies. These cookies collect information about how you use the websites, such as which pages you most often visit on the websites, the time you spend on the websites, which links you click on, and any issues encountered. These cookies help us understand how visitors interact with the websites. All information collected is aggregated and do not identify you.
Marketing Cookies. These cookies track your online activity to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of the advertising campaigns. They also limit how many times you see a certain advertisement. We may share the information collected through these cookies with others, such as advertisers.

To find out more about cookies, including how to manage and delete cookies through browser settings, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the websites. In addition to adjusting your browser and device settings, as outlined above, you may also control how cookies and related technologies are set and used on your device by visiting the following sites:

http://networkadvertising.org/
http://optout.aboutads.info/
http://youradchoices.com/

Web beacons. Our websites, and some of our e-mail communications, may from time to time contain small electronic files known as web beacons (also known as beacons, clear GIFs, pixel tags, and single-pixel GIFS) that permit us, for example, to count users who have visited those pages or opened an email communication, and for other related statistical analysis. Beacons in email marketing campaigns allow us to track your responses and your interests in our content, offerings, and websites. You may use the tools in your device to disable these technologies as well.

Do Not Track. Our websites may, from time to time, collect information about your online activities. Third parties may also collect information about your online activities, over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our websites do not currently change the way they operate based upon detection of a “Do Not Track” or similar signal.

HOW WE USE YOUR PERSONAL INFORMATION:

We may use and process Personal Information the purposes set out below and for any purpose that is permitted under applicable privacy and data protection laws. (“Process” and “processing” are defined above, in the third paragraph of this Privacy Policy.) We may process your Personal Information with or without automatic means.

The purposes for which we may use and process your Personal Information include:

Our business purposes, including addressing customer service issues and warranty claims; processing sales leads, quotes, invoices and payments; collecting debts; planning and conducting marketing activities, trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.

Purposes related to our software, including SaaS (web-based) software and mobile apps. These purposes include licensing and operation of the software, remote management, education and information services, training, communication, customer service, system monitoring and data security. We use Personal Information to enable use of software features and related services, including through use of third-party service providers. For users of our software, Brace will share your Personal Information with coaches and administrators who are associated with you or your athletic team. At your request, we may forward your Personal Information to a new school or team with which you may become associated if that new school or team is also a user of the Brace software. We also use Personal Information to communicate with our users to inform them of software updates and enhancements, educational information, available software features and modules, and other information that may helpful or informative for our users.

Marketing. Brace sends users marketing communications to inform them of new products, services, promotions, or other special events or offers that might be of interest to them (“Special Offers”). When you register for one of our products or services, you can separately consent to receiving communications about Special Offers. In connection with Special Offers, we may ask for contact information or other Personal Information. If you would like to stop receiving information about Special Offers from Brace, please see the “YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION” section of this Privacy Policy below.

For the Protection of Brace and Others. If Brace, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Brace and others.

Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Brace believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Brace’s rights and property or prevent fraud; (3) protect Brace against abuse, misuse or unauthorized use of Brace’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then Brace may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.

Analytics, Aggregated and De-identified data. We or our business partners may perform analytics relating to Personal Information and share that resulting analytics data. We may anonymize Personal Information and other data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with the data of other individuals so that it is not identifiable as relating to any particular person. Such de-identified data may be retained and used by Brace to improve its products and services and for other proper and legal purposes.

Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations under our software subscription and license agreements and our legitimate activities as a provider of software and related services. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

HOW WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION:

No sale of Personal Information. We do not sell or rent Personal Information to third parties.

Disclosures of Personal Information. Depending on the circumstances, we may disclose your Personal Information to third parties in the following circumstances or for the following purposes:

With Your Consent. We may disclose, share, or make available your information with your consent, which may be obtained in writing, online, through “click-through” agreements, when you accept our terms for our websites, orally (including over the telephone), or by other means such as communications through our various social media channels.
With Service Providers & Business Partners. We may disclose, share, or make available your information with our third-party service providers, business partners, and other third parties, such as credit / debit card processing partners, partners that facilitate billing, shipping, and customer service, third-party auditors and law firms, marketing and advertising networks (including those that provide ad measurement services), internet service providers, data analytics providers, companies that help debug and identify and repair errors that may impair the functionality of our websites, and third parties that help protect against malicious, deceptive, fraudulent, or illegal activity. Google and Apple IOS perform analytics relating to usage of our software applications and retain that analytical information.
In A Business Transfer. We may disclose, share, or make available your information as part of a business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.
For Legal Process & Protection. We may disclose, share, or make available your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (1) enforce or apply agreements, or initiate, render, or bill for use of the websites; (2) protect our rights or interests, property or safety or that of others; (3) in connection with claims, disputes, or litigation - in court or elsewhere; (4) protect users of our websites and other carriers, providers, or partners from fraudulent, abusive, unlawful, or otherwise improper use of our websites; (5) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government.
Aggregated and De-identified Data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our services to prospective partners, licensees, advertisers, and other third parties.

STORAGE AND SECURITY OF PERSONAL INFORMATION:

Although no system or website can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in accordance with all applicable laws and regulations, as appropriate to the sensitivity of your information. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

We may store Personal Information that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions. Brace is located in the United States, the Philippines and Australia. Currently software hosting services are provided by Amazon Web Services (AWS) and the servers that host Users’ Personal Information are located in the United States and in Australia. If you are located in or reside in a country that is not the United States or Australia, then Brace may disclose your Personal Information to you and other third parties that you request in the country or countries that you or they are located in. As Brace users may be located anywhere in the world, it is not reasonably practicable for us to list all of the possible countries that Brace may transfer personal information to. If Brace transfers Personal Information from one country to another, we will ensure that the information is transferred in accordance with this Privacy Policy and in accordance with applicable privacy and data protection laws.

Brace stores all information in state-of-the-art physical storage facilities and cloud storage. In doing so, Brace uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties (such as AWS) are used to host our products, we use third parties who meet required privacy and security standards.

RETENTION OF PERSONAL INFORMATION:

We keep your information for as long as necessary in accordance with the purposes for which it was collected, our business needs, and our legal and regulatory obligations. If and when we dispose of your information, we will do so in a way that is commercially reasonable taking into account the sensitivity of the information. Brace’s current policy is to delete a Brace software user’s Personal Information from our systems within approximately thirty (30) days after the user account is deleted by system administrators with the user’s team or at Brace.

Brace reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION:

General Privacy Law Compliance. If you live in a state, country or jurisdiction with privacy laws or regulations that apply to our processing of your Personal Information, we will comply with those laws and regulations. Please contact us as described in the “CONTACT INFORMATION” section below with any questions and any requests in exercise of your rights relating to your Personal Information or data. If your request relates to removal of your Personal Information from our systems and records, please note that we may be unable to remove Personal Information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you.

The privacy and data protection laws of some of the countries that Brace operates in permit you to opt out from any of the uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes. If the laws of your country give you these rights, please contact us to exercise these rights. Please note that your subsequent disclosure of Personal Information to us may override prior opt-out requests. Brace does not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further product support services and information to you.

Unsubscribing to Marketing Communications: In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

Australia privacy rights. This section applies only to residents of Australia. Under Australia’s Privacy Act, individuals residing in Australia have certain rights regarding their Personal Information (as defined in the Privacy Act. These rights may include:

Right of access: You have the right to access any of your Personal Information that we hold. You have the right to view and obtain a copy of your Personal Information that we’ve collected about you.
Right to correct Personal Information: If you inform us that there are any errors in your Personal Information that we have collected, we will correct those errors upon your request.

If you wish to exercise any of these rights, please send your request as set forth in the “CONTACT INFORMATION” section below. We will respond to your request within a reasonable time.

If you consider that we have breached the Privacy Act when handling your Personal Information, you can make a complaint to us using the contact details set forth in the “CONTACT INFORMATION” section below. We may ask that you provide details of your complaint so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we respond to your complaint within a reasonable time (and in any event within the time required by the Privacy Act, if applicable).

If you are not satisfied with our response to your complaint, you have the right to make a complaint to the Office of the Australian Information Commissioner. You can find contact details for the Office of the Australian Information Commissioner at www.oaic.gov.au/contact-us.

California privacy rights. This section applies only to residents of California.

Shine the Light law. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Brace does not presently share any information with third parties for their direct marketing purposes.

California Consumer Privacy Act (CCPA). The CCPA (including the CPRA amendments) does not currently apply to Brace.

California Minors. California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor who uses the Services has the right to either remove content or information posted on the Services by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact our Data Privacy Officer at the contact information provided below. This removal does not ensure complete or comprehensive removal of any such content or information posted.

LINKS TO AND PRIVACY POLICIES OF OTHER WEBSITES:

Our websites, from time to time, may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and may operate independently from us and have their own privacy policies and/or notices. You are strongly encouraged to review such policies or notices. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on other websites, even if one or more pages of the other websites are framed within, or linked to, a page of our websites.

CONTACT INFORMATION:

If you have any questions about this privacy policy or your Personal Information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Brace Operations, LLC

4616 25th AVE NE PMB 770

Seattle, WA 98105

USA

E-mail: [email protected]

Phone: +12065541169

Last Updated and Effective as of: July 01, 2024