Last Updated: May 30, 2019
1. Websites Covered
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 and Conditions for the appropriate offering.
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 and portals 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, many presentations created by our Customers 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.
In certain situations, Brainshark may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
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.
5. 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 firstname.lastname@example.org.
Customers do not have the option to cancel receiving transactional emails related to their account with Brainshark or the Service(s).
For our enterprise editions, Brainshark needs to communicate with your primary business contact and/or site administrator(s).
6. Public Blogs, Portals, and Customer Articles
Brainshark’s Websites include public blogs, portals, and customer articles 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.
7. 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. Regarding these data flows, Brainshark participates in the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”), and is committed to applying the Privacy Shield Principles to all personal information received from countries in the European Economic Area (EEA) and Switzerland in reliance on the Privacy Shield.
8. EU-U.S. and Swiss-US Privacy Shield
Brainshark participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list
Brainshark is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Brainshark complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Brainshark is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
9. Passive Collection
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
10. Tracking Technologies
11. 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 16. 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.
13. Data Subjects’ Rights
Upon request, Brainshark will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at firstname.lastname@example.org.
You may access, correct, or request deletion of your personal information by logging in to your account, contacting us at email@example.com, by completing this form.
Brainshark collects information under the direction of its Customers and has no direct relationship with the individuals whose personal information it processes. If you are a customer of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the Customer that you interact with directly. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Brainshark Customer (the data controller). If requested to remove data, we will respond within a reasonable timeframe.
We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers.
In certain circumstances we may be required by law to retain your personal information including personal information we process on behalf of our Customers or may need to retain your personal information in order to continue providing a service.
14. Right to lodge a complaint
If you believe that Brainshark is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live.
For more information on how to contact the EU Data Protection Authorities, click here.
For more information on how to contact the Swiss Federal Data Protection and Information Commissioner, click here.
15. Additional Important Information
Sharing with Service Providers
We may share your information with third parties who provide services on our behalf to help with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us.
These services may include:
- Payment processing
- Providing customer service
- Sending marketing communications
Brainshark reserves the right to use or disclose information provided if required by judicial inquiry, court order, law, or regulation and/or Terms and Conditions or if Brainshark reasonably believes that use or disclosure is necessary to protect Brainshark’s rights.
16. Social Media Widgets
Brainshark’s 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.
18. Contacting Us
If you are a Customer and would like help managing your communication preferences, please contact firstname.lastname@example.org.
Brainshark’s data protection officer is Craig Tata (email@example.com)
130 Turner Street, Building 1, Suite 100
Waltham, MA 02453
United States of America
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