Privacy Notice
Updated 11/2016
This Privacy Notice provides important information about your privacy in connection
with your use of BrainItch Solutions, LLC. websites. The use of the word/s
"Sites/websites" refers to the website, platform, mobile application, etc. within the
use of BrainItch Solutions, LLC. service. Throughout this privacy notice please note
that BrainItch Solutions, LLC. may and will be referred to "we", "us" or "our". Please
review it carefully. Your continued use of this website constitutes your agreement with
this Privacy Notice and any subsequent updates.
- Our Commitment to Privacy
At BrainItch Solutions, LLC your privacy is important to us. We are committed to
complying with all applicable federal, state, local, and International privacy laws
and regulations. We strive to provide an environment in which our employees,
customers, clients, and partners trust us to handle personal information responsibly.
We provide this privacy notice as part of our commitment to privacy by describing
what personal information we collect, how we use it, how we protect it, and with whom
we share it.
- Scope of This Notice
This notice applies to all visitors to our corporate website and affiliated websites
sponsored by BrainItch Solutions, LLC. To make this notice easy to find, we make it
available in the footer of every web page where it applies.
- What Information We Collect and How We Use It
While visiting our website you may be asked to voluntarily provide personal
information in order to accomplish the purpose of your visit. For example, if you are
exploring career opportunities you may be asked to provide your email address,
residence, education, work experience, and other personal information typically found
on a resume. If you are a supplier/potential host you may be asked to identify the
financial institution you use and provide other business related inquiries. Also, you
will be asked to provide your email address to subscribe to our email distribution
list. The specific information that you may choose to provide will depend on the
nature of the transaction to be completed and is always voluntary. In becoming a
member of site, some information is mandatory and is used to identity you and your
user data. In securing a membership you are required to provide a valid email
address, name and/or social media link.
- How We Protect Your Information
We use reasonable physical, electronic, and managerial procedures to safeguard and
secure the information you provide to us against loss, misuse, or unauthorized
access. All personal information that we collect is protected using industry standard
computer security and industrial security practices.
- Cookies and Other Website Technical Considerations
Our website uses modern web application methods that result in the automatic
collection and storage of certain data that some may consider to be personal or
personally identifiable information. This includes your Internet Protocol or IP
addresses, type of browser that you use, and other technical data about your
computing environment. This information is stored in server logs that we maintain and
review for the purpose of improving and supporting the secure operation of our
website. We use "cookies" on our website to enhance the experience of our visitors,
such as retaining user preferences between sessions. A cookie is a small text file
that is stored on your computer. Cookies cannot be used to deliver viruses to your
computer, they are uniquely assigned to you, and our cookies can only be read by our
web servers. You have the ability to accept or decline cookies or, if you prefer, you
can modify your web browser settings to decline all cookies or selectively decline
cookies as they are offered. Our website may contain links to other websites. You
should carefully review the privacy notices and practices of other websites, as we
cannot control or be responsible for the privacy practices of sites not affiliated
with BrainItch Solutions, LLC
- With Whom We Share Your Information
Information collected from you by BrainItch Solutions, LLC will not be shared with
third parties for purposes other than in support of BrainItch Solutions, LLC
operations and as necessary to facilitate the purpose for which you provided it. In
some cases we may share the information with service providers retained by BrainItch
Solutions, LLC to provide services on its behalf. These providers will use your
information only to accomplish the task for which they have been retained. BrainItch
Solutions, LLC is a United States limited liability corporation organized and
registered in California with service availablility in many other countries. From
whatever place you provide information to this website, you should expect that it
will be processed and viewed in the United States. Your use of this website
constitutes your consent for any cross-border data transfer resulting from such use.
Your information may also be shared under the following circumstances (i) if we are
required to do so by law enforcement authorities or government agencies, and (ii) in
connection with investigations or other efforts to prevent illegal activities or
pertaining to public safety. Users of the sites acknowledge and agree that the data
provided to BrainItch Solutions, LLC. through the sites and use of the sites is
property of BrainItch Solutions, LLC. and the users have no further claim to that
data or information provided.
- Children's Privacy
BrainItch Solutions, LLC websites are not designed with the intent to collect
information from children under the age of 13. We ask that children under the age of
13 not submit any personal information to us while viewing our website. If you
believe that we have collected information about a child under 13, please contact us
so that we may delete the information.
- Updates to This Privacy Notice and to Your Information
We may update this Privacy Notice periodically without prior notice to reflect
changes in our practice. Updates will be dated and posted on our corporate website
and mobile applications. If you volunteered personal information to BrainItch
Solutions, LLC and would like to update it, please visit the portion of this site
where you submitted the information and follow the directions there to submit any
changes.
- How to Contact us
If you have questions relating to this Privacy Notice, or for any questions you might
have about our privacy practices, please contact us.
Terms of Use
Updated 11/2016
Welcome to BrainItch Solutions, LLC., ("BrainItch") a limited liability corporation
organized and registered to engage in business in the State of California. Throughout
this "Terms of Use" document Brainitch Solutions, LLC. will also be known by the
following "we", "us", and "our". This website/platform/mobile application and all the
rights, licenses and intellectual property within is the exclusive property of
Brainitch Solutions, LLC. The use of the word "Sites" refers to the website, platform
and mobile application. Your use of, and access to, BrainItch content and content
delivered and/or received on BrainItch platforms indicates your user acceptance of
these Terms and Conditions.
Please read the following terms and conditions carefully before using this Web site
or any of our other Web sites. By accessing or using our sites, you agree to the
following terms and conditions. You should review these terms and conditions regularly
as they may change at any time at our sole discretion. If you do not agree to any term
or condition, you should not access or otherwise use our sites. The following terms and
conditions apply to all of our Web sites, including any Web sites owned, operated or
sponsored by any of our subsidiaries or affiliates. "Content" refers to any materials,
documents, images, graphics, logos, design, audio, video and any other information
provided from or on our Web sites.
- Membership
You may need to be a member of the Sites to access the Sites or use the content or
services. However, access to some areas of the Sites and some content and services
may also be restricted to premium or hosting members only. On becoming a member, you
will be required to enter into a separate Membership Agreement.
- Proprietary Rights
Your use of the Sites does not grant to you any ownership or interest in any content,
code, data or materials you may access on or through the Sites or any intellectual
property rights subsisting any content, code, data or materials you may access on or
through the Sites. You may be required to download a single copy or update content
contained on the Sites, solely for your personal, non-commercial use, consistent with
these terms of use, provided that you maintain the copyright and other notices
contained in that content remain the property of BrainItch Solutions, LLC. This
includes products available for sale/licensing on the Sites. Your use of the Sites
does not grant to you any ownership or interest in any content, code, data or
materials you may access on or through the Sites or any intellectual property rights
subsisting any content, code, data or materials you may access on or through the
Sites. If you make other use of the Sites, or the Products, content, code, data or
materials on the Sites or available through the Sites, except as otherwise provided
above, you will violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to liability for such
unauthorized use.
- Copyright Agent
We respect the intellectual property rights of others, and require that those people
who use the Sites, or the services or features made available on or through the
Sites, do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following information to
BrainItch Solutions, LLC a. your address, telephone number, and email address; b. a
description of where the alleged infringing material is located; c. a description of
the copyrighted work that you claim has been infringed; and. a statement by you, that
you warrant that the above information in your notice is accurate and that you are
the copyright owner or are authorized to act on the copyright owner"s behalf.
- Trademarks
The trademarks, logos, service marks and trade names (collectively the Trademarks)
displayed on the Sites, or on content available through the Sites, are registered and
unregistered Trademarks of BrainItch Solutions, LLC. and others. Nothing contained on
the Sites should be construed as granting expressly or by implication any license or
right to use any Trademark displayed on the Sites without the written permission of
BrainItch Solutions, LLC. or the third party that may own the applicable
Trademark.
Violation of these restrictions will be a violation of one or more laws and is
expressly prohibited by law. If you violate these restrictions, you may be subject to
civil and criminal penalties. If we grant you permission to waive these restrictions,
the permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded materials
and printed materials.
To the extent a name, logo or design does not appear on the sites, such lack of
appearance does not constitute a waiver of any intellectual property rights that
BrainItch Solutions, LLC. has established in its product or service names or logos,
or in product configurations or designs, all of which rights are expressly
reserved.
- Changes to Terms of and Conditions
BrainItch Solutions, LLC. may, at its sole discretion, revise or change these Terms
and Conditions (in whole or in part) from time to time and at any time without notice
to you. Changes in the Terms and Conditions will be effective when posted by us on
the Sites. Your continued use of the Sites and/or the services made available on or
through the Sites after any changes to the Terms and Conditions are posted will be
considered acceptance of those changes.
- User Information
In the course of your use of the Sites and/or the content or services made available
on, or through, the Sites, you may be asked to provide certain personalized
information to us (User Information). BrainItch Solutions, LLC. information
collection and use policies with respect to the privacy of such User Information are
set out in the Sites" Privacy Policy. You are solely responsible for the accuracy and
content of User Information. BrainItch Solutions, LLC. often times will collect and
store data provided by users on the sites. This is data may be used to conduct
research on user location, interests and other business related uses. Users of the
sites acknowledge and agree that the data provided to BrainItch Solutions, LLC.
through the sites is property of BrainItch Solutions, LLC. and the users have no
claim to the provided data.
We do not want to receive confidential or proprietary information from you through
our Web site. If you transmit to or post on our Web site any material, data,
information or idea by any means, it will be treated as non-confidential and
non-proprietary and may be disseminated or used by us for any purpose. Personal data
provided to us will be handled in accordance with our policies regarding
privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other content that could give rise to any civil or
criminal liability under the law.
- Linking to the Sites
You agree that if you include a link from any other web site to the Sites, such link
must link to the full version of an HTML formatted page of the Sites. You are not
permitted to link directly to any image hosted on the Sites or our services, such as
using an "in-line" linking method to cause the image hosted by us to be displayed on
another web site. You agree not to download or use images hosted on the Sites on
another web site, for any purpose, including, without limitation, posting such images
on another web site. You agree not to link from any other web site to the Sites in
any manner such that the Sites, or any page of the Sites, is "framed," surrounded or
obfuscated by any third-party content, materials or branding. We reserve our right to
insist that any link to the Sites be discontinued, and to revoke your right to link
to the Sites from any other web site at any time upon written notice to you.
- Third Party Sites
You may be able to move from the Sites to third party web sites (Linked Sites). You
acknowledge and agree that BrainItch Solutions,LLC. has no responsibility for the
information, content, products, services, advertising, code or other materials which
may or may not be provided by or through Linked Sites, even if they are owned or run
by affiliates of ours. The inclusion of any link to such web sites on our Sites does
not imply the BrainItch Solutions LLC. endorsement, sponsorship, or recommendation of
that website the BrainItch Solutions, LLC disclaims any liability for links to
another web site. 3rd Party sites include mobile and desktop applications as well as
websites and accessible online platforms.
-
Disclaimer (Non-excludable Rights)
BrainItch Solutions, LLC. does not exclude any Non-excludable Rights but does
exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- All content and services on the Sites is provided "as is" and without
warranties of any kind, either express or implied ;
- BrainItch Solutions, LLC. and its suppliers expressly disclaim all warranties
of any kind, including but not limited to implied warranties of merchantability
and fitness for a particular purpose;
- BrainItch Solutions LLC. does not warrant that the functions contained in any
content or your access to the Sites will be uninterrupted or error-free, that any
defects will be corrected or that the Sites or the server which stores and
transmits content to you are free of viruses or any other harmful
components;
BrainItch Solutions, LLC. does not warrant or make any representation
regarding your access to, or the results of your access to, the Sites (including
any related or linked web sites) or any content in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the
part of BrainItch Solutions, LLC. will BrainItch Solutions, LLC. or its affiliates
be liable for any indirect, incidental, special and/or consequential damages or
loss of profits whatsoever which result from any use or access of, or any inability
to use or access, the Sites or the content. To the fullest extent permitted by law,
BrainItch Solutions, LLC. Includability for breach of any implied warranty or
condition which cannot be excluded is limited at the option BrainItch Solutions,
LLC.to the following: a. in the case of services supplied or offered by BrainItch
Solutions, LLC: I. the supply of the services again; ii. the payment of the cost of
having services supplied again; and. in the case of goods supplied or offered by
us: i. the replacement of the goods or the supply of equivalent goods; or ii. the
payment of the cost of replacing the goods or acquiring equivalent goods.
- Applicable Laws
We control and operate the Sites from our offices in California in accordance with
the laws of California and the United States. We do not represent that materials on
the Sites are appropriate or available for use in other locations. Persons who choose
to access the Sites from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
- California Users Only
Pursuant to the States of California Civil Code 1789.3 (The provider of an
electronic commercial service shall provide to consumers with which it contracts to
provide the service, at the time it contracts to provide the service and annually, on
or before June 30 of each year thereafter, all of the following
information:).
For any and all complaints/general inquires please contact:
BrainItch Solutions, LLC.
Attn: Todd Terrazas
P.O. Box 1443
South Pasadena, CA 91031
California users are entitled to specific consumer right notices. For more
information contact the following agency:
The Complaint Assistant Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd.
Sacramento, CA 95834
- Children's Online Privacy Protection Rule (COPPA)
Congress enacted the Children's Online Privacy Protection Act (COPPA) in 1998. COPPA
required the Federal Trade Commission to issue and enforce regulations concerning
children's online privacy. The Commission's original COPPA Rule became effective on
April 21, 2000. The Commission issued an amended Rule on December 19, 2012. The
amended Rule took effect on July 1, 2013.
BrainItch, Solutions, LLC. is for use by those 13 years of age and older. If you have
found yourself using the sites and are under the age of 13, please navigate away from
the sites and cease usage. If a user who is under the age of 13 submits information
to us we will destroy that data. In the event we discover users under the age of 13,
those accounts will be deleted from our servers immediately.
BrainItch Solutions, LLC. encourages that users under 18 always get their
parents/guardian permission before going online or using any online service or mobile
application.
- Strict Performance & Content Access
Our failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. We may assign our rights and duties under this Agreement
to any party at any time without notice to you.
Please note that the use of certain Material or the conduct of certain transactions
on or through the Site may be subject to additional terms and conditions that shall
be made available to you prior to your use of such Material or participating in such
transactions. We reserve the right, in our sole discretion, to change, modify or
otherwise alter the terms and conditions of this Agreement with or without notice to
you. Such changes and/or modifications shall become effective immediately upon the
posting thereof on the Site. Your continued use of the Site shall constitute your
continuing acceptance of any and all revised terms and conditions. BrainItch
Solutions, LLC. may terminate, change, suspend or discontinue any aspect of the Site,
including the availability of any features of the Site, at any time without notice to
you. BrainItch Solutions, LLC. may also impose limits on certain features or services
or restrict your access and use of the Site without notice or liability.
Thank you for visiting BrainItch.com and please contact us with any questions or
concerns you may have.