Privacy Policy

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At Braining we recognize the importance of processing your personal data, so we hereby inform you of our Privacy Policy, which includes information of your rights and how we collect and use your personal data.

Reading this Privacy Policy will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with Our policies and practices, please do not use Our Services. If you still have any questions or concerns, please contact Us at info@brainingai.com.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access Our Service or parts of Our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CITAID – Centre for Immersive Technologies & AI Development, LDA, with registered office at Rua Arquitecto Lobão Vital, 172, 4200-374 Porto, Portugal.

Country refers to Portugal.

Device means any device that can access the Services such as a computer, a cell phone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Services refers to the Website, or any website of Ours that links to this Privacy Policy, BRAINING, or any engagement with Us in other related ways, including any sales, marketing, or events.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform Services related to the Service or to assist the Company in analysing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to website name, accessible from www.brainingai.com

You (also referred as “Yours” when applicable) means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

What Information Do We Collect?

Personal information You disclose to us

We collect personal information that You voluntarily provide to Us when You register on the Services, express an interest in obtaining information about Us or Our products and Services, when You participate in activities on the Services, or otherwise when You contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of Your interactions with Us and the Services, the choices You make, and the products and features You use.

The personal information we collect may include the following:

names;

email addresses;

passwords;

phone numbers;

job titles;

usernames;

mailing addresses;

billing addresses;

contact or authentication data;

debit/credit card numbers;

contact preferences;

profile image;

about.

Sensitive Information. When necessary, with Your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

health data;

financial data.

All personal information that You provide to Us must be true, complete, and accurate, and You must notify Us of any changes to such personal information.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

How Do We Process Your Information?

We process Your personal information for a variety of reasons, depending on how You interact with Our Services, including:

To facilitate Account creation and authentication and otherwise manage user Accounts. We may process Your information so You can create and log in to Your Account, as well as keep Your Account in working order.

To deliver and facilitate delivery of Services to the user. We may process Your information to provide You with the requested service.

To respond to user inquiries/offer support to users. We may process Your information to respond to Your inquiries and solve any potential issues You might have with the requested service.

To send administrative information to You. We may process Your information to send You details about Our products and Services, changes to Our terms and policies, and other similar information.

To fulfil and manage Your orders. We may process Your information to fulfil and manage Your orders, payments, returns, and exchanges made through the Services.

To enable user-to-user communications. We may process Your information if You choose to use any of Our offerings that allow for communication with another user.

To request feedback. We may process Your information when necessary to request feedback and to contact You about Your use of Our Services.

To save or protect an individual's vital interest. We may process Your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

What Legal Bases Do We Rely On To Process Your Information?

If You are located in the EU or UK, this section applies to You.

The General Data Protection Regulation (GDPR) and UK GDPR require Us to explain the valid legal bases we rely on in order to process Your personal information. As such, we may rely on the following legal bases to process Your personal information:

Consent. We may process Your information if You have given Us permission (i.e. consent) to use Your personal information for a specific purpose. You can withdraw Your consent at any time. Learn more about withdrawing Your consent.

Performance of a Contract. We may process Your personal information when we believe it is necessary to fulfil Our contractual obligations to You, including providing Our Services or at Your request prior to entering into a contract with You.

Legitimate Interests. We may process Your information when we believe it is reasonably necessary to achieve Our legitimate business interests, and those interests do not outweigh Your interests and fundamental rights and freedoms. For example, we may process Your personal information for some of the purposes described in order to:

Understand how Our users use Our products and Services so we can improve user experience

Legal Obligations. We may process Your information where we believe it is necessary for compliance with Our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend Our legal rights, or disclose Your information as evidence in litigation in which we are involved.

Vital Interests. We may process Your information where we believe it is necessary to protect Your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If You are located in Canada, this section applies to You.

We may process Your information if You have given Us specific permission (i.e. express consent) to use Your personal information for a specific purpose, or in situations where Your permission can be inferred (i.e. implied consent). You can withdraw Your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process Your information without Your consent, including, for example:

If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way;

For investigations and fraud detection and prevention;

For business transactions provided certain conditions are met;

If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim;

For identifying injured, ill, or deceased persons and communicating with next of kin;

If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse;

If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;

If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records;

If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced;

If the collection is solely for journalistic, artistic, or literary purposes;

If the information is publicly available and is specified by the regulations;

We may disclose de-identified information for approved research or statistics projects, subject to ethics oversight and confidentiality commitments.

When And With Whom Do We Share Your Personal Information?

We may need to share Your personal information in the following situations:

Business Transfers. We may share or transfer Your information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

Do We Offer Artificial Intelligence based Products?

As part of Our Services, we offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, 'AI Products'). These tools are designed to enhance Your experience and provide You with innovative solutions. The terms in this Privacy Notice govern Your use of the AI Products within Our Services.

Our AI Products

Our AI Products are designed for the following functions:

AI applications

How We Process Your Data Using AI

All personal information processed using Our AI Products is handled in line with Our Privacy Notice and Our agreement with third parties. This ensures high security and safeguards Your personal information throughout the process, giving You peace of mind about Your data's safety.

How Long Do We Keep Your Information?

We will only keep Your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require Us keeping Your personal information for longer than two (2) months past the termination of the user's Account.

When we have no ongoing legitimate business need to process Your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because Your personal information has been stored in backup archives), then we will securely store Your personal information and isolate it from any further processing until deletion is possible.

How Do We Keep Your Information Safe?

We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite Our safeguards and efforts to secure Your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat Our security and improperly collect, access, steal, or modify Your information. Although we will do Our best to protect Your personal information, transmission of personal information to and from Our Services is at Your own risk. You should only access the Services within a secure environment.

Do We Collect Information From Minors?

We do not knowingly collect, solicit data from, or market to children under 18 years of age or the equivalent age as specified by law in Your jurisdiction, nor do we knowingly sell such personal information. By using the Services, You represent that You are at least 18 or the equivalent age as specified by law in Your jurisdiction or that You are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age or the equivalent age as specified by law in Your jurisdiction has been collected, we will deactivate the Account and take reasonable measures to promptly delete such data from Our records. If You become aware of any data we may have collected from children under age 18 or the equivalent age as specified by law in Your jurisdiction, please contact Us at info@brainingai.com.

What Are Your Privacy Rights?

In some regions (like the EEA, UK, Switzerland, and Canada), You have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of Your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of Your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. If a decision that produces legal or similarly significant effects is made solely by automated means, we will inform You, explain the main factors, and offer a simple way to request human review. In certain circumstances, You may also have the right to object to the processing of Your personal information. You can make such a request by contacting Us by using the contact details provided in the section 'HOW CAN YOU CONTACT Us ABOUT THIS NOTICE?' below.

We will consider and act upon any request in accordance with applicable data protection laws.

If You are located in the EEA or UK and You believe we are unlawfully processing Your personal information, You also have the right to complain to Your Member State data protection authority or UK data protection authority.

If You are located in Switzerland, You may contact the Federal Data Protection and Information Commissioner.

Withdrawing Your consent

If we are relying on Your consent to process Your personal information, which may be express and/or implied consent depending on the applicable law, You have the right to withdraw Your consent at any time. You can withdraw Your consent at any time by contacting Us by using the contact details provided in the section How Can You Contact Us About This Policy? below or updating Your preferences.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of Your personal information conducted in reliance on lawful processing grounds other than consent.

Account Information

If You would at any time like to review or change the information in Your Account or terminate Your Account, You can:

Upon Your request to terminate Your Account, we will deactivate or delete Your Account and information from Our active databases. However, we may retain some information in Our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce Our legal terms and/or comply with applicable legal requirements.

If You have questions or comments about Your privacy rights, You may email Us at info@brainingai.com.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting You can activate to signal Your privacy preference not to have data about Your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates Your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform You about that practice in a revised version of this Privacy Notice.

California law requires Us to let You know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognising or honouring DNT signals, we do not respond to them at this time.

Do United States Residents Have Specific privacy Rights?

Categories of Personal Information We Collect

The table below shows the categories of personal information we have collected in the past twelve (12) months. The table includes illustrative examples of each category and does not reflect the personal information we collect from You. For a comprehensive inventory of all personal information we process, please refer to the section What Information Do We Collect?

We only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with Your consent. Sensitive personal information may be used, or disclosed to a Service Provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of Your sensitive personal information. We do not collect or process sensitive personal information for the purpose of inferring characteristics about You.

We may also collect other personal information outside of these categories through instances where You interact with Us in person, online, or by phone or mail in the context of:

Receiving help through Our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of Our Services and to respond to Your inquiries.

We will use and retain the collected personal information as needed to provide the Services or for:

Category A - As long as the user has an Account with us

Category B - As long as the user has an Account with us

Category L - As long as the user has an Account with us

Sources of Personal Information

Learn more about the sources of personal information we collect in What Information Do We Collect?

How We Use and Share Personal Information

Learn more about how we use Your personal information in the section, How Do We Process Your Information?

Will Your information be shared with anyone else?

We may disclose Your personal information with Our service providers pursuant to a written contract between Us and each service provider. Learn more about how we disclose personal information to in the section, When And With Whom Do We Share Your Personal Information?

We may use Your personal information for Our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be 'selling' of Your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to Website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline Your request as permitted by law. These rights include:

Right to know whether or not we are processing Your Personal Data;

Right to access Your Personal Data;

Right to correct inaccuracies in Your Personal Data;

Right to request the deletion of Your Personal Data;

Right to obtain a copy of the Personal Data You previously shared with us;

Right to non-discrimination for exercising Your rights;

Right to opt out of the processing of Your Personal Data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of Personal Data, or profiling in furtherance of decisions that produce legal or similarly significant effects ('profiling').

Depending upon the state where You live, You may also have the following rights:

Right to access the categories of Personal Data being processed (as permitted by applicable law, including the privacy law in Minnesota);

Right to obtain a list of the categories of third parties to which we have disclosed Personal Data (as permitted by applicable law, including the privacy law in California, Delaware, and Maryland);

Right to obtain a list of specific third parties to which we have disclosed Personal Data (as permitted by applicable law, including the privacy law in Minnesota and Oregon);

Right to review, understand, question, and correct how Personal Data has been profiled (as permitted by applicable law, including the privacy law in Minnesota);

Right to limit use and disclosure of sensitive Personal Data (as permitted by applicable law, including the privacy law in California);

Right to opt out of the collection of sensitive data and Personal Data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including the privacy law in Florida).

How to Exercise Your Rights

To exercise these rights, You can contact Us by submitting a data subject access request, by emailing Us at info@brainingai.com, or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, You can designate an authorised agent to make a request on Your behalf. We may deny a request from an authorised agent that does not submit proof that they have been validly authorised to act on Your behalf in accordance with applicable laws.

Request Verification

Upon receiving Your request, we will need to verify Your identity to determine You are the same person about whom we have the information in Our system. We will only use personal information provided in Your request to verify Your identity or authority to make the request. However, if we cannot verify Your identity from the information already maintained by us, we may request that You provide additional information for the purposes of verifying Your identity and for security or fraud-prevention purposes.

If You submit the request through an authorised agent, we may need to collect additional information to verify Your identity before processing Your request and the agent will need to provide a written and signed permission from You to submit such request on Your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding Your request, You may appeal Our decision by emailing Us at info@brainingai.com. We will inform You in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If Your appeal is denied, You may submit a complaint to Your state attorney general.

California ‘Shine The Light’ Law

California Civil Code Section 1798.83, also known as the ‘Shine The Light’ law, permits Our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to Us by using the contact details provided in the section How Can You Contact Us About This Policy?

Do Other Regions Have Specific Privacy Rights?

Australia and New Zealand

We collect and process Your personal information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020 (Privacy Act).

This Privacy Notice satisfies the notice requirements defined in both Privacy Acts, in particular: what personal information we collect from You, from which sources, for which purposes, and other recipients of Your personal information.

If You do not wish to provide the personal information necessary to fulfil their applicable purpose, it may affect Our ability to provide Our Services, in particular:

offer You the products or Services that You want;

respond to or help with Your requests;

manage Your Account with us;

confirm Your identity and protect Your Account.

At any time, You have the right to request access to or correction of Your personal information. You can make such a request by contacting Us by using the contact details provided in the section How Can You Review, Update, Or Delete the Data We Collect From You?

If You believe we are unlawfully processing Your personal information, You have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

Republic of South Africa

If You are unsatisfied with the manner in which we address any complaint with regard to our processing of personal information, You can contact the office of the regulator, the details of which are:

The Information Regulator (South Africa)

General enquiries: enquiries@inforegulator.org.za

Complaints (complete POPIA/PAIA form 5): PAIAComplaints@inforegulator.org.za & POPIAComplaints@inforegulator.org.za

Do We Make Updates To This Policy?

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated 'Revised' date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify You either by prominently posting a notice of such changes or by directly sending You a notification. We encourage You to review this Privacy Notice frequently to be informed of how we are protecting Your information.

How Can You Contact Us About This Policy?

If You have questions or comments about this notice, You may email Us at info@brainingai.com or contact Us by post at:

CITAID – Centre for Immersive Technologies and AI Development

Rua Arquitecto Lobão Vital, 172

4200-374 Porto, Portugal

How Can You Review, Update, Or Delete the Data We Collect From You?

Based on the applicable laws of Your country or state of residence in the US, You may have the right to request access to the personal information we collect from You, details about how we have processed it, correct inaccuracies, or delete Your personal information. You may also have the right to withdraw Your consent to Our processing of Your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete Your personal information, please fill out and submit a data subject access request.