Privacy Policy

Your privacy is important to us

Last Updated: November 11, 2012

Brainshark, Inc. (“Brainshark”) is committed to protecting the privacy of your information and wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our Website privacy practices. Please note that this Privacy Policy covers all of our Websites including our applications, while that portion covered by the TRUSTe Privacy Seal covers specific elements of our sites described below. Brainshark has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@brainshark.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe certification only covers information collected on www.brainshark.com and http://my.brainshark.com and does not cover any information collected on other sites owned by Brainshark, its applications, mobile applications, or the login portion of its sites.

1. Websites Covered

This Privacy Policy covers the information practices of Brainshark on its Websites: http://www.brainshark.com; http://presentation.brainshark.com; http://my.brainshark.com; http://www.slideshark.com; and http://app.demand.brainshark.com (collectively referred to as “Brainshark's Websites”).

Brainshark’s Websites may contain links to third party sites that are not owned or controlled by Brainshark. Additionally, Brainshark’s services are used by customers to deliver video presentations that are embedded and linked within their own Websites and third party sites. Brainshark is not responsible for the information practices or content of its customers or third party sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy policies of each and every Website that collects personally identifiable information. This privacy policy applies only to information collected by this Website.

2. Information Collected

Brainshark, Inc. offers a variety of applications and services that are collectively referred to as the “Services.” Brainshark collects information from individuals who visit the Brainshark’s Websites (“Visitors”) and individuals who register to use the Services (“Customers”). Customers include both paying subscribers as well as subscribers of its free services. Customers should also refer to Brainshark’s Terms of Use for the appropriate offering.

The types of information Brainshark collects (“Personal Information”) may include:

3. Use of Information Collected

Brainshark uses data about Visitors and Customers to perform the following actions:

4. Sharing of Information Collected

Unless described in this Privacy Policy, Brainshark does not share, sell, rent, or trade any information collected through its Website or Services with third parties for their promotional purposes.

Brainshark occasionally partners with third parties who co-sponsor events with Brainshark (such as webinars and other live events). In these cases, both parties may share Personal Information that you provide when registering for the co-sponsored event to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. While Brainshark chooses to partner with reputable third parties that respect your information, Brainshark is not responsible for the information practices of its third party partners.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Website.

In the event that Brainshark is a party to a merger, acquisition by another company, or its assets are entirely or substantially acquired , your personal identifiable information will be among the assets transferred. You will be notified via email and/or prominent notice on our Website for thirty (30) days or the time frame as defined and required by statute and/or regulation of any such change in ownership or control of your personal information; information concerning deletion and/or removal of your personal information or any changes that you wish to make to your personal information will be made available at that time.

Communications Preferences

Brainshark offers Customers and Visitors who provide contact information a means to choose how Brainshark uses the information provided. Visitors and any recipients of marketing messages from Brainshark may click on the “unsubscribe” link located on the bottom of the Brainshark’s marketing emails. Customers can change their communication preferences at any time through the “My Profile” page when logged in to the Service or you can decide not to receive communications that help you use the Service.

Some email communications are part of the Service(s), such as the ability to receive reports or view notifications via email. For help in managing these emails, contact support@brainshark.com.

Customers do not have the option to cancel receiving transactional emails related to their account with Brainshark or the Service(s). For our individual user products, this means we need to communicate with you as the account holder. For our enterprise editions, Brainshark needs to communicate with your primary business contact and/or site administrator(s).

Customers of our free service, myBrainshark, may chose to close their free account at any time by contacting support@brainshark.com.

Public Blogs, Portals, and Customer Articles

Brainshark’s Websites include public blogs, portals, customer articles, and elements of Brainshark’s free Website, myBrainshark, that allow Visitors to submit and post comments. Brainshark provides portal solutions for its customers.

Any Personal Information you choose to submit in these forums may be read, collected, or used by others who visit these sites. Brainshark is not responsible for the Personal Information you choose to submit to public sites for posting. If you do not want information to be public, please do not post it to these sites. To request removal of your personal information from our blog, portals, or customer articles contact us at support@brainshark.com. In some cases, Brainshark may not be able to remove your personal information, but we will notify you via email if we are unable to do so and briefly explain the reasons.

Transfer of Information

Your information may be transferred to and maintained on computers located outside of your state, province, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of the United States and choose to provide Personal Information to us, Brainshark transfers the information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Cookies

Brainshark uses cookies on this site to track and target the interests of our users and to enhance the experience on our site. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. These cookies cannot access, read or modify any other data on a computer. All web-browsers offer the option to refuse any cookie. If a visitor refuses the cookie, Brainshark does not gather any information on that visitor. You may also delete a cookie manually from your hard drive. Cookies themselves do not contain any personal information. We do link the information we store in cookies to personal information you may submit while on our site (such as email address and password) so that you do not need to enter it each time you login. (Please refer to Section #2 and #3 of this policy for what type of information we collect and for what purpose.) We do not sell or share this interests information.

The use of cookies placed by third parties is not covered by our privacy policy. We do not have access or control over these cookies.

Clear Gifs (Web Beacons)

Our third party tracking utility partner employs a software technology called ‘clear gifs’ (sometimes referred to as Web Beacons), that help Brainshark better manage content on our site by informing Brainshark what informational content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. When a visitor access pages on our web site with a clear gif, notice of that visit is generated which may be processed by us. We do link the information gathered by clear gifs to a Visitor’s personal information.. If you turn off cookies, web beacon technologies will still detect anonymous visits, but the notices they generate cannot be associated with personal information and are disregarded.

European Union Safe Harbor Principles

Brainshark complies with the U.S- E.U. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union. Information regarding the E.U. Safe Harbor Framework can be found at https://safeharbor.export.gov/list.aspx.

Childrens’ Privacy

Brainshark’s Websites and the Services are not directed to Visitors under 18. As Brainshark provides Services to businesses and business professionals, Brainshark does not knowingly contact or collect personal information from children under 13. If a parent or guardian becomes aware that his or her child has provided Brainshark with Personal Information, he or she should contact us at support@brainshark.com. If you believe that we have mistakenly or unintentionally collected such information through our Site, please notify us at the contact address below so that we may immediately delete the information from our servers.

Security

To prevent unauthorized access or disclosure, to maintain data accuracy, to allow only the appropriate exercise of users' Personal Information while also protecting the confidentiality, integrity and availability of users' Personal Information, Brainshark employs a variety of industry standard security technologies. Security is provided on the data, application, and hosting level. The security infrastructure includes a physically secure data center, proven firewall protection, intrusion prevention measures, role based authorization, and additional proprietary security measures. Additional security of Customer login and presentation content is provided as part of Brainshark's Services. Please refer to the Products Section of the Website for more information about included features and options that can be configured specifically for Customers’ needs. These options vary by the product licensed.

Brainshark limits access to users' Personal Information and data to those Brainshark and third party persons who have a specific business purpose for maintaining and processing such information. Brainshark employees and third party persons who have access to users' Personal Information are made aware of their responsibilities to protect the confidentiality, integrity and availability of that information and have been provided training and/or instructions on how to do so.

When you enter personal and/or sensitive information (such as a credit card number) on Brainshark’s order forms, Brainshark will encrypt the transmission of that information using secure socket layer technology (SSL). We do not store credit card information.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete inaccuracies, and/or have it removed by making the change(s) on our member information page or by emailing us at support@brainshark.com. We will respond to your access request within thirty (30) days.

We will retain your information for as long as your account is active or as long as it is needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@brainshark.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Additional Important Information

Brainshark uses a third-party service provider to manage credit card processing and live chat support. These third party service providers are not permitted to store, retain, or use Billing Information or Personal Information except for the sole purpose of credit card processing and providing customer support on Brainshark’s behalf.

Brainshark reserves the right to use or disclose information provided if required by judicial inquiry, court order, law, or regulation and/or Terms of Use or if Brainshark reasonably believes that use or disclosure is necessary to protect Brainshark’s rights.

Customer Referral Program

If you use our customer referral form to tell a colleague about our site, we will ask for their name, email address, company name, and phone number. Brainshark will use this information to contact them once by phone and once by email solely to follow up on your referral. To have their personal information removed from our database they may contact us at info@brainshark.com.

Updates to this Privacy Policy

We may update this privacy policy periodically to reflect changes to the information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a written notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Contacting Us

Contact info@brainshark.com for questions regarding this Privacy Policy or the information practices of Brainshark’s Websites.

If you are a Customer and would like help managing your communication preferences, please contact support@brainshark.com.

Brainshark, Inc.

130 Turner Street, Building 1, Suite 100

Waltham, MA 02453

© 2011 Brainshark, Inc. All rights reserved. Brainshark, myBrainshark, and all other trademarks referenced herein are trademarks of Brainshark, Inc.

Validate TRUSTe privacy certification