Last Updated: November 6, 2015
1. Websites Covered
2. Information Collected
The types of information Brainshark collects (“Personal Information”) may include:
- Information you provide to Brainshark - When expressing an interest in obtaining additional information about the Services or registering to use the Services, Brainshark may require you to provide personal contact information, such as your name, your company name, your job title or role, your address, your phone number, and your email address.
- Website navigational information - Brainshark uses commonly used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate Brainshark’s Websites (“Website Navigational Information”). This Website Information includes standard information from your Web browser (such as browser type, version, and language), your Internet Protocol (“IP”) address, and the actions you take on Brainshark’s Websites (such as, pages viewed, links clicked).
- Information you publish to Brainshark blogs or public portals – Brainshark’s Websites include public blogs, portals, and elements of the Brainshark’s free Website, myBrainshark™, that allow Visitors to submit and publish comments.
- Billing information – For certain editions of our Services that are purchased using a credit card, Brainshark requires you to provide billing information, such as your billing name and address, and your credit card number.
- Information you provide to Customers – A capability of the Services allows Customers to request registration information from viewers of their video presentation content. For example, the myBrainshark site includes presentations created by many Customers, and some include a Guest Book registration form. Brainshark is not responsible for the information practices of its Customers, and does not access this information except with Customer's permission to provide Support and assistance.
3. Use of Information Collected
Brainshark uses data about Visitors and Customers to perform the following actions:
- To respond to your request - such as to create a Brainshark account, provide login information for a webinar for which you have registered or provide technical support.
- For marketing purposes - Brainshark may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding Brainshark or its Services.
- To improve Brainshark’s Websites and products - Brainshark may use Website Navigational Information to provide Visitors and Customers with relevant content and in the aggregate to identify trends and usage patterns.
- To deliver messages that help you use the Service – As part of helping its Customers use the Service effectively, Brainshark communicates with its Customers about new features and product releases, best practices, scheduled site maintenance notifications, customer events, and more. To increase the relevancy of this information, this may be customized to your designated user role within the application (for example: administrator, author), products or editions you have specifically licensed, or your usage of the application.
- To process your payment - Brainshark uses credit card information solely to process payment for Services for which the Customer has provided that information. Brainshark utilizes a third party payment service to process credit card payments. When you provide credit card information on the Site, that information is sent directly to the third party payment service. Brainshark does not have access to your full credit card number and does not store such information in its own systems. Information transmitted to the third party payment service is encrypted using SSL software. The third party payment service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies. Brainshark is not responsible for the third party payment service’s failure to comply with such laws, rules and/or regulations.
- To deliver the features of the Service – Customers use the Service to Create, Share, and Track online and mobile video presentations. As part of the Sharing features, Customers and Viewers may provide the email of the person to Share the content with, and this information is used only to perform the Share function. Tracking information includes the date and time that a presentation was viewed, IP address and location, what portion(s) of the content were viewed and in what order, and responses to interactive questions or surveys. Individual information may be associated with this tracking information, either through information you provide to the Customer or by a unique identifier that the Customer has associated with an individual and has passed to a personalized presentation URL. Reporting and Notification features enable Customers to receive tracking information via emailed reports or to pass data to their other systems. Brainshark does not use or access individual information collected by its Customers in their use of the Services except with permission in providing Support and assistance. Brainshark does not sell this information.
4. Sharing of Information Collected
We will share your personal information with third parties only in the ways that are described in this privacy statement.
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.
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 email@example.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 choose to close their free account at any time by contacting firstname.lastname@example.org.
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 email@example.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
We and our partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
Analytics/ Log Files
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically collected data to other information we collect about you.
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.
Local Storage/ HTML5
We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here
Other Tracking Technologies
Technologies such as: tags and scripts are used by Brainshark and our partners [e.g. marketing partners], affiliates, or analytics or service providers [e.g. online customer support provider]. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
European Union Safe Harbor Principles
Brainshark complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. Brainshark has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Brainshark’s certification, please visit safeharbor.export.gov/list.aspx.
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 firstname.lastname@example.org. 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.
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 reasonable security. We do not store credit card information.
If you have any questions about security on our Web site, you can contact us at email@example.com.
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 firstname.lastname@example.org. 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 email@example.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.
Social Media Widgets
Brainshark Our website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share This button or interactive mini-programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy statement of the company providing it.
If you are a Customer and would like help managing your communication preferences, please contact firstname.lastname@example.org.
130 Turner Street, Building 1, Suite 100
Waltham, MA 02453
© 2015 Brainshark, Inc. All rights reserved. Brainshark, myBrainshark, and all other trademarks referenced herein are trademarks of Brainshark, Inc.