Aratrain Privacy Policy

Last Modified: January 21, 2022

Aratrain, LLC (the “Company,” “our,” “us,” or “we”) respects your privacy, and we are committed to protecting it through our compliance with this policy (this “Privacy Policy”).

This Privacy Policy is incorporated into the Aratrain Terms of Service (https://aratrain.com/terms-of-service-privacy-policy) and describes the personal information we collect, how we use it, and with whom we share it, including for information collected through the use of (1) Aratrain online at Aratrain.com, including on mobile devices, (2) Aratrain mobile and/or desktop application (the “App”), including websites you may access through the App, and (3) any other services that include a link to and/or copy of this Privacy Policy on the home page of the applicable website or similar location (e.g., a settings page) for any applicable mobile applications (collectively, “Aratrain”), which are owned and operated by the Company. It describes how we collect, use, secure, and share information of our users and individuals whose payment details are used to purchase Aratrain (collectively, “you” or “your”). It also describes how to access, update, and correct your personal data and the choices available to you regarding your personal data. Under applicable law, the Company is the data controller of your personal data.

Before you use or submit any information through or in connection with Aratrain, please carefully review this Privacy Policy. By using any part of Aratrain, you consent to the collection, use, and disclosure of your information as further outlined in this Privacy Policy. This Privacy Policy may change from time to time (see Section 14 (Change Policy)). Your continued use of Aratrain after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

1. Children Under the Age of 16.

Aratrain is not directed to individuals under 16 years of age, and we do not knowingly collect information from children under 16 years of age. No one under the age of 16 may provide any information to or on Aratrain. If you are under 16 years of age, do not use or provide any information on Aratrain or through any of its features, register on Aratrain, make any purchases through Aratrain, use any of the interactive or public comment features of Aratrain, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 years of age without verification of parental consent, we will take reasonable steps to delete that information as required by law. If you believe we might have any information from or about a child under 16 years of age, please contact us at braintrain@aratrain.com.

2. Information We Collect About You and How We Collect It

As described in more detail below, we may collect the following categories of information about you or your use of Aratrain: (1) information by which you may be personally identified, such as name, address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”); (2) commercial information (such as transaction data); (3) financial data (such as payment information); (4) internet or other network or device activity (such as browsing history or app usage); (5) geolocation information (e.g. general location inferred from an IP address); (6) sensory information (such as audio or video recordings during research programs); (7) professional or employment related data; (8) education data; (9) inference data about you; (10) legally protected classifications (such as gender); (11) medical information (such as information you voluntarily provide to us in a survey); (12) physical characteristics or description; and (13) other information that identifies or can be reasonably associated with you.

We collect this information directly from you when you provide it to us, automatically when you use Aratrain (e.g., usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies), and from third parties (e.g., our business partners).

(a) Information You Provide Us

We may collect information from you in a variety of ways, such as when you:

· Register for a Aratrain account (“Account”);

· Request certain features (e.g. newsletters);

· Fill out a survey or provide us with feedback;

· Enter a contest or promotion or contest sponsored by us;

· Report a problem with the app;

· Play cognitive training games or engage in other activities that require your information to function (e.g., portions of Aratrain that require an Account to participate);

· Apply for a job with us;

· Communicate with us;

· Post user-generated content to Aratrain;

· Download, register with, or use the Aratrain App;

· Make purchases through Aratrain; or

· Make search queries on Aratrain.

You are not required to create an Account to gain access to some areas of Aratrain. If you do create an Account, we ask for certain information to process your registration, including an email address and password. If you subscribe to a paid Account, we request additional information, including your full name and payment method details.

We may also collect (1) name, (2) gender, (3) date of birth, (4) education level, (5) other demographic information, and (6) other information you voluntarily provide to us. Providing most of this information is optional. We also allow you select your preferences for training, language, and receiving email communications.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of Aratrain, or transmitted to other users of Aratrain or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your Account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties and other users of Aratrain with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

(b) Information that is Passively or Automatically Collected. In addition to the information you provide directly to us when you use Aratrain, we automatically collect information about the computer, mobile device, or other devices you use to access Aratrain and about how you use Aratrain. For example, we receive data about the games you play and your performance in those games. We also receive information such as your device and internet connection (including your IP address, operating system, and browser type), language, the type of device you use, unique device identifier (“UDID”), the date and time of your visit,thr files you viewed on our site (e.g., HTML pages, graphics, etc.), Internet service provider, clickstream data, the pages you view, and the websites you visited immediately before and after visiting Aratrain. We do not at this time but may in the future use automatic data collection technologies to collect real-time information about the precise or approximate location of your device, as determined through data such as GPS, IP address, and WiFi. We may in the future collect location information when the App is running in the foreground (i.e., the App is open and on-screen) or background (i.e., the App is open but not on-screen) of your device, if such collection is enabled through your App settings or device permissions.

i. Device/Usage Information. We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access Aratrain. As described further below, we may collect and analyze information such as (a) IP addresses, geolocation information (including general location inferred from IP addresses), unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed Aratrain; and (b) information related to the ways in which you interact with Aratrain, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of Aratrain, the amount of time spent on particular pages, the date and time you used Aratrain, the frequency of your use of Aratrain, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

ii. Cookies and Other Electronic Technology. Like many other companies, we and third parties that we work with use cookies and other web and mobile tracking technologies, like HTML5, web beacons, scripts, pixels, server logs, and tags. We use these technologies for authentication, to store your preferences or progress, for analytics, and to help us advertise Aratrain. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of Aratrain you have visited; (iv)enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of Aratrain and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather additional information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe's website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of Aratrain.

(c) Information Provided by Social Networking Services and Others. We may supplement the information you provide to us with additional information gathered from other sources, such as publicly available information, or from third parties, such as marketers, partners, researchers and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other product or service we provide.

If you sign in to Aratrain using your Facebook or other third party credentials, we will use that service to authenticate you. We may also receive other information that you have agreed may be provided by that third party, such as your username, name, e-mail address, photo, location, date of birth, gender, an ID associated with the applicable third party platform, user files like photos and videos, your list of friends, people you follow and/or who follow you, and/or your posts or “likes.” We receive this information so that it can be used for the purposes explained in this Privacy Policy. If you do not wish to have this information shared by these third parties, do not use Facebook or another third party to access Aratrain. We may also collect other information through other social networks that you make available to us. For a description on how social networking and other third party sites handle and share your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. We may combine information that we collect from or about you with information about you that we obtain from such social media and other content platforms and information derived from any other subscription, product, or service we provide.

If you are a subject in a research project or study conducted by the Company in partnership with a researcher or educational institution, that project may involve the collection of different information than is described in this Section. Research participants may, for example, provide health-related information, including the existence of certain health conditions. The Company partners with researchers and educational institutions in conducting such studies. Such research projects are typically done on an anonymous basis, such that the Company acts only as a processor of anonymized or pseudononymized data. For further information on how we handle data associated with such research, please refer to the materials distributed to you as part of the study, contact the researcher leading your study, or contact us using the contact information below.

3. How We Use Your Information at The Company

We use your information to operate and provide you with Aratrain and other services. This includes, but is not limited to the following business and commercial purposes:

(a) For the purposes for which you provided it;

(b) Authenticating your login and processing your payments;

(d) Allowing you to monitor your performance and progress in Aratrain, by, for example, presenting charts and graphs of your performance to you;

(e) Customizing and delivering information about our products and services by email;

(f) To contact you with information, surveys, or advertising that we believe may be of interest to you regarding us or Aratrain;

(g) To administer contests and surveys;

(h) Providing customer support and sending confirmations about your Account;

(i) For internal research and reporting;

(j) Protecting our intellectual property or other rights; and

(k) Managing and improving our business, our games, and our training.

We also reserve the right to use and disclose non-personal data (e.g., de-identified or aggregate data) for any purpose. For example, we show aggregate performance measures to users to allow them to evaluate their performance against other Aratrain users.

4. Legal Bases For Use Of Your Personal Data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:

· To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them. For example, we handle personal data on this basis for our premium users.

· Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent. Where you have provided consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing your consent. To withdraw your consent, please contact us at braintrain@aratrain.com.

· Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as:

o Providing a safe and enjoyable user experience;

o Customer service;

o Marketing;

o Protecting our users, personnel, and property;

o Analyzing and improving our business;

o Processing job applications; and

o Managing legal issues.

o We may also process personal data for the legitimate interests of our research partners, such as to provide cognitive training, research, and analytics for such partners.

· Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

· To protect the vital interests of the individual or others: For example, we may collect or share personal data to help resolve an urgent safety situation.

5. No Disclosure to Third Parties for Their Own Marketing Purposes

We believe in protecting your privacy, and therefore do not provide your personal data to third parties for their own marketing purposes.

6. When We Share Your Personal Information With Third Parties

We may share the categories of Personal Information identified in Section 2 for business purposes (as defined by applicable law) or as required by applicable law. More specifically, we may share your Personal Information in the following situations:

(a) Service providers and agents. We may share your information with certain third parties selected by us to help support our operations. These include, for example, services that help us process payments, analyze web traffic, send emails, and track customer support requests. In addition, we may share limited personal data to third parties that help us market or advertise Aratrain. These third parties may have access to your information only for purposes of performing these tasks on our behalf and we contractually require them to protect your information consistent with this Privacy Policy.

(b) Business transfers. We may sell, transfer, or otherwise share some or all of our assets in connection with an actual or contemplated merger, reorganization, business transaction, or in the event of bankruptcy. In such scenarios, your information may be one of the assets transferred. We will post a notice or otherwise notify you and collect your consent, as may be required by law, before the information is transferred and becomes subject to a different privacy policy.

(c) Compliance with law and law enforcement requests, and protection of our rights. We may disclose your information when we have a good faith belief we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism. We may also disclose your information when we have a good faith belief that disclosure may prevent fraud and abuse of Aratrain or its users or protect our property rights. We may also disclose your information to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

(d) Consent. We may disclose your information when we believe we have your consent to do so, such as when you contact customer support and ask us about your Account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your Account. If you have expressly agreed to participate in a research study with us or with a third party that incorporates your personal data collected by Aratrain, we also may disclose your information for the purpose of facilitating the research to which you have consented.

7. Online Analytics And Tailored Advertising

We may use third-party web analytics services on Aratrain, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use Aratrain, including by noting the third-party website from which you arrive, how often you use our app, the events that occur within our app, where the app was downloaded from, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of Aratrain. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

If you receive email from us, we may use certain tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications.

We may personalize the content and advertising that you see when using Aratrain through the use of third-party advertising technologies that allow for the delivery of relevant content and advertising on our websites, as well as other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and may be tailored to your interests.

Also, third parties whose products or services are accessible or advertised via Aratrain may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of Aratrain in order to (i) inform, optimize, and serve ads based on past visits to our websites and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites and use of Aratrain. We also may allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick, and others) to serve tailored ads to you on Aratrain, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access Aratrain. We also may share with third-party advertisers a hashed version of your email address, solely in non-human readable form for purposes of delivering tailored advertising. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access Aratrain by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs.

To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into Aratrain, you may still receive advertisements even if you opt-out of tailored advertising. In that case, the ads will just not be tailored. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

8. Data Subject Rights And Your Choices

Account Review

You may access, review, correct, and delete certain of your personal data by logging into your Account.

Analytics and Advertising

You also can exercise certain opt-out rights by following the instructions at the end of the “Online Analytics and Tailored Advertising” section above.

Your Legal Rights

In addition, individuals in the European Union and some other jurisdictions outside the United States have certain legal rights to request that we:

· confirm whether we hold personal data about them,

· provide access to personal data we hold about them (including, in some cases, in portable form),

· update, amend and/or correct personal data we hold;

· delete certain personal data in appropriate circumstances;

· transfer personal data to a third party provider of services;

To exercise any of the above rights (or any other rights under applicable law), please contact us via braintrain@arartrain.com.

In addition, individuals in the European Union and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data or exercise legal rights to withdraw consent, though such actions typically will not have retroactive effect. To exercise any of the above rights (or any other rights under applicable law), please contact us via braintrain@arartrain.com.

The rights described herein are subject to limitations and exceptions under applicable law. In situations in which we process personal data on behalf of our research partners, we may refer the request to the relevant research partner and cooperate with their handling of the request, subject to any special contractual arrangement with that research partner.

In addition to the rights above, residents of the European Economic Area also have the right to lodge a complaint with your relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

Marketing

You can opt out of receiving marketing emails by navigating to your Email Notifications page or by following the unsubscribe instructions included in each email. Please note you may not opt out of certain transactional emails, such as when we email you to confirm transactions, address Account issues, or communicate about customer support.

Push Notifications

From time to time, we use push notifications in our mobile applications to send you messages about Aratrain or your Account. You may opt out from receiving push notifications through your device settings.

GDPR Rights

Aratrain is committed to ensuring its compliance all applicable laws in its processing of personal information and data it collects, including as it pertains to UK or EEA data subjects which are governed by the Data Protection Act 2018 and General Data Protection Regulation (GDPR) respectively. These laws outline a clear set privacy rights for users to exercise and a clear of standards for Aratrain to adhere to in its processing of personal data of these data subjects. Please refer to Sections 2 &3 of this privacy policy outlining Aratrain’s data collection practices and procedures. Under GDPR, users have the right to request access or erase any of their personal information or data that may have been collected by processors such as Aratrain. Users may submit such requests via email to braintrain@arartrain.com and we will process them accordingly.

California Rights

California residents have certain rights, subject to exceptions. California law, specifically the California Consumer Privacy Act (“CCPA”), allows California data subjects and users to request the following:

· The categories of Personal Information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your Personal Information; and the categories of third parties with whom we shared Personal Information.

· Access to and/or a copy of certain information we hold about you. (i.e., the right to access)

· Deletion of certain information we have about you, your computer or device (i.e., the right to delete

You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide our services to you. If you ask us to delete it, you may no longer be able to access or use Aratrain.

If would like to exercise any of these rights, please submit a request via email to braintrain@arartrain.com. We will take reasonable steps to verify your identity.

California residents may opt out of the “sale” of their Personal Information. The Company does not “sell” your Personal Information as we understand that term to be defined by CCPA and its implementing regulations. To exercise your right to opt-out under CCPA, please refer to Section 7 of this privacy policy with links to the NAI and DAA consumer opt-out tools.

Nevada Rights

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law via our via email at braintrain@arartrain.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

9. Retention Of Personal Data And Security

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

We have implemented and maintain security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal data. For example, when you enter sensitive information on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security. If you have any questions about security on our website, please contact us using the contact information below.

10. Outside The United States Consent To Processing And Transfer Of Information

If you access Aratrain outside of the United States, you fully understand and unambiguously consent to the transfer of your personal data to, and the collection and processing of such personal data in the United States. The recipients of the personal data disclosures described in the “When We Share Your Personal Data with Third Parties” section above may be located in the United States or elsewhere in the world. Privacy laws in these countries may not provide protections equivalent to those of your country of residence, and your government may or may not deem such protections adequate.

11. Additional Information

(a) Links To Third Party Websites. Our website includes links to other sites that may collect personal data, and whose privacy practices may differ from those of the Company. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review their privacy policies.

(b) Referrals And Contacts. We allow you to refer your friends and contacts to Aratrain, either by manually entering their email addresses or by importing contacts from email accounts you have with third parties. If you choose to utilize these features, we’ll use and store the email addresses only for purposes of sending the invitation emails you have requested. If you utilize these features, the friends or contacts that you refer may contact us at the contact information listed below to request that we delete their personal data. Please note that we do not collect the username and password to your email accounts; the import features route you to the third party email provider to log in through their services.

(c) Social Media Widgets. Our website may include social media features, such as Facebook and Twitter buttons. Such features may collect your IP address and information about the page you are visiting and may set cookies to function properly. Your interactions with these features are governed by the privacy policies of the company providing them.

12. California “Do Not Track” Notice

We do not track our customers’ personal data over time and across third-party websites to provide targeted advertising and therefore do not respond to “Do Not Track” (DNT) signals.

13. Change Policy

This Privacy Policy may be updated from time to time. If we make material changes, we will provide notice to you either by email, by posting a notification on Aratrain or by posting an updated privacy policy on Aratrain 45 days in advance of the effective date of the updated Privacy Policy. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of Aratrain following the effective date means that you agree with, and consent to be bound by, the updated Privacy Policy.

14. Contact Information

We welcome inquiries or comments about our Privacy Policy via email at braintrain@aratrain.com. You may also send a letter to the following address:

Aratrain, LLC

3705 W Pico Blvd

Los Angeles, CA 90019