Privacy Policy of Userbrain

Last Modified: May 14, 2019

1. Introduction

Userbrain is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to your use of Userbrain services including our website and services (collectively “Platform”). This Privacy Policy should be read in conjunction with the Terms of Service and is integrated into the Terms of Service. All capitalized proper nouns not defined in this Privacy Policy will have the same definitions and meanings as defined by the Terms of Service. Please review this Privacy Policy periodically as we may revise it from time to time. If you do not agree with or accept our Privacy Policy in it’s entirety, you must not access or use the Platform. If you use the Platform following a change to the terms of this Privacy Policy you agree to accept the revised policies.

2. Information Collected

At Userbrain, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you, personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.

Personally Identifiable Information Collected

In order to fully use our Platform, we may collect user PII including but not limited to your name, date of birth, email, telephone number, address, country information, IP address, language, payment and billing information, ratings, visual and audio recordings (screen capture, facial recording, recordings of your voice and your actions) , specific interactions with the Platform, transactions, image, username, and gender. Additionally, for purposes of processing payments we may collect additional information such as financial identification information, PayPal information, your tax information, and additional identifying information.

Non-Identifying Information

Whenever you use our Platform, we may collect Non-PII from you, such as your broad demographic information, general browsing history, general search history, and registration history, general interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider.

3. Use of Your Information

We will never sell your information without your permission; however you agree that we may use your information in the following ways:

  • To provide any services offered and to operate the Userbrain Platform.
  • To enhance or improve our users’ experiences.
  • To contact you via email or by other electronic communications where you have an inquiry.
  • To notify you of additional Userbrain services and updates.
  • To share with third parties including our clients.
  • To share your information with third party partners or third parties hired by us to perform functions and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.

4. Anonymized Data

Please be aware that we me may collect and aggregate personally identifiable information from our Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.

5. Accessing and Editing Your Information

You will be able to access any information contained in your account through our Platform. You may edit that information by removing or changing the information listed within your account dashboard. If you have any questions or wish to review, update, edit, or access any of your PII collected by us, please contact us at tester@userbrain.net. After you have cancelled your account please be aware that we may keep inaccessible copies of your PII and non-PII subject to our data retention policies.

6. Removal Requests

If you wish to have any of your PII stored within the Userbrain Platform removed, please contact us at tester@userbrain.net. With each removal request you must list the PII you wish to have removed exactly as listed. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in processing and removing any PII requested. You may make a removal request by email tester@userbrain.net, please label the subject of the email with the following “Removal Request – Your Full Name and Account Name” and provide us with details regarding the PII you wish to have removed.

Please be aware that where required by law or for liability purposes we may retain copies of your PII even after we process a removal request from you.

7. Cookies and Tracking

We use cookies as disclosed in our Cookie Policy. Please visit: https://tester.userbrain.net/cookies

8. Third Party Access to Your Information

Although you are entering into an Agreement with Userbrain to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform.

Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

9. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated Austrian laws, the terms of our Terms of Service or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of Austria, the EU, or any other country or entity having jurisdiction over us, our Platform, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.

10. Opt Out of Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying Userbrain that you no longer wish to receive these communications. Where we have received such a notification, we will endeavour to promptly remove you from our contact lists. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at tester@userbrain.net.

11. Third Parties

Userbrain or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy and any other policies in place, in addition to any amendments, do not create rights enforceable by third parties. Userbrain bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and privacy policy to understand how their information collection practices work.

12. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

13. Age Compliance

We intend to fully comply with Austrian and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.

14. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII and Non-PII that is submitted to Userbrain will be collected, processed, stored, disclosed and disposed of in accordance with applicable Austrian law, EU law, and this policy.

15. Merger and Acquisition

In the event that Userbrain is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

16. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Platform. If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at tester@userbrain.net.

17. Privacy Notice for European Citizens

We respect the rights of persons living within the European Economic Community (EEC) and the rights afforded to them under the General Data Protection Regulation (GDPR), the sections 17-23 are referred to as our Privacy Notice and address additional privileges that EEC users may have under our Privacy Policy. This Privacy Notice explains how we shall assist our users who live within the EEC.

Legal Rights Your Rights Under the GDPR
The right to be informed Userbrain wishes to keep you informed as to what we do with your personal information.
The right to access You have the right to access your information at any time.
The right to rectification If the information Userbrain holds about you is inaccurate or not complete, you have the right to ask us to rectify it.
The right to erasure Sometimes called ‘the right to be forgotten’. You have the right to request that Userbrain to erase all your personal data (we may retain your personal data where required by law).
The right to restrict processing You have the right to ask Userbrain to restrict how we process your data. This means we are permitted to store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests.
The right to data portability Userbrain must allow you to port and reuse your personal data for your own purposes across different platforms. This right only applies to personal data that you have provided to us as a data controller.
The right to object You have the right to object to Userbrain processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice.
The right to withdraw consent If you have given us your consent to process your data but change your mind , you have the right to withdraw your consent at any time, and Userbrain must stop processing your data.

If you have any questions regarding any of your rights, please contact us at tester@userbrain.net. Please be aware that you have the right to object or the right to withdraw your consent to any PII processing at any time. If you wish to exercise any of these rights please contact us at the contact information listed within this Privacy Policy.

18. Legitimate Purposes for Using Your PII

The following are the specific legitimate purposes that we may use your PII for:

  • Contract Administration - We may use your PII to (1) negotiate, execute, renew and/or manage a contract with you; and/or (2) communicate with you in respect of the above (including sending (legal) notifications).
  • Access and Communications to Our Platform - We may use your PII to (1) set-up and manage your Userbrain account; (2) interact with you through our Platform (e.g. updates, Platform announcements, etc.): (3) share with other users and clients of the Platform in order to provide services requested by you; and/or (4) manage and respond to your questions or comments (e.g. technical, commercial or administrative) or requests for maintenance and support.
  • Use of the Platform - We may use your PII to (1) enable you to enjoy the use of, and easily navigate the Platform including but not limited to the following purposes: displaying content from external platforms, remarketing and behavioral targeting, analytics, user database management, interaction with live chat platforms, handling of payments, SPAM protection, hosting and backend infrastructure, content commenting, heat mapping and session recording and tag management; and/or (2) better understand your needs and interests.
  • Sharing with Third Parties – We may use your PII to share with our partner companies that we employ to provide the Userbrain Services as listed below and also to our clients with whom you have taken a Test.
  • Allowing You To Access - We may use your PII to allow you to download your data or content from the Platform.
  • Training and Improvements - We may use your PII to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
  • Direct Marketing - We may use your PII to contact you for additional products and services that you may be interested in.

Please be aware that for all legitimate purposes where we use your PII we will attempt to process such information with minimal amounts of additional processing. Aside from the purposes listed, we may share your information where investigations or a legal dispute has occurred in accordance with our Privacy Policy as required by a governmental authority.

19. Legal Basis For Processing

Userbrain employs the following legal basis to process your PII:

  • Consent – Based on your consent, we may process your PII for the specific purposes as disclosed in Section 18 of this Privacy Policy.
  • Contractual Obligations - We may process your PII to fulfill any contractual obligations that you have entered into with us.
  • Legal Obligations – We may process your PII for compliance with a legal obligation that we are subject to;
  • Public Interest – We may process your PII for any tasks that are carried out in the public interest or in the exercise of official authority;
  • Legitimate Interest – We may process your PII as necessary for the purposes of the legitimate interests pursued by Userbrain or by a third party.

20. Retention of PII

Userbrain will only retain your PII for as long as required. We will keep your personal information:

  • For any legally required duration.
  • Until we no longer have a valid reason to keep or use your PII in conjunction with the specific purpose provided.
  • Upon your request to eliminate, delete, or modify any of you PII stored with us.

Where you have requested modification or deletion of your PII, we may keep just enough of your personal information to ensure that we comply with your requests not use your PII or comply with your right to erasure. If you require additional details regarding the retention of your PII please contact us. Additionally, where required for legal purposes, we may keep some of your PII even after a receipt of a request to delete your information as compelled by governmental authorities.

21. Processing Location and PII Transfers

Your PII is processed in our offices located within Austria and in the locations where our third parties have data processing facilities. Depending on your location, data transfers may occur to other countries outside of your home jurisdiction. To find out more about the place of processing of such transferred PII, please review Section 22 containing details about the processing of Personal Data. Where a transfer of your PII occurs outside of the EEC we shall ensure that such transfer complies with the GDPR principles related to such data transfer and the legal basis for such transfer.

22. Processing and Sharing of Data with Third Parties

We may share your PII with our clients with whom you have taken a Test, each client is identified prior to your taking of a Test in your account, additionally we share your PII with third parties in accordance with our Third Party Processing and Sharing Policy. Detailed information on the processing of Personal Data

23. Contact Information

If you have any questions or require additional information related to our information collection practices, please contact us at tester@userbrain.net

Userbrain GmbH
Data Privacy Officer
Frauengasse 7
8010 Graz, Austria