Privacy Policy

Last Updated: January 24, 2020

Brain Corporation (“Brain” or “we” or “us” or “our”) takes data privacy seriously.  Please read through our data privacy statement to ensure that you are fully informed about this important area.  By using our products, services and website, you are agreeing to these terms which describe how we use and protect the information you provide to us.  This privacy statement explains who we are, what data we collect, how we collect the data, and why we collect your personal data when you interact with us through the use of our products and services, as well as how you can contact us if you have any questions or concerns.

ABOUT US

We are a San Diego-based AI company that partners with manufacturers of commercial equipment and consumer electronics to convert their manually operated products into autonomous robots.  Our technology represents the next generation of artificial brains for robots.  We are funded by the SoftBank Vision Fund and Qualcomm Ventures.  For more information or to access videos of our robots, please visit https://www.braincorp.com.

INFORMATION WE COLLECT

When using our products, services or website, you may provide information about yourself, your company, employee, employer, your contact information, billing information, identification number(s), information about your customers, and certain information about the Brain products and services you purchased and the location where you use such products and services. By providing us this information, you agree to all such data being collected and used by Brain  as disclosed in our terms of use and in this privacy statement.  In addition, we may host and receive data on domestic and/or foreign servers, including but not limited to servers in the United States. Information may be collected by us through the following:

  • When you use or fill out forms on our website, correspond with us by mail, phone, email or other digital service, or request information or documents.
  • When you use our services, our software applications or have service inquiries.
  • When you engage with Brain products, electronic messages, or our website.
  • From other sources, including public databases, social media platforms, joint marketing partners and/or programs, webpages and third-party vendors.
  • Through sensors, including data generated by sensors of Brain products. Data from sensors provides critical information to enable Brain products to navigate their surroundings.
  • Through telematics data, including data collected by our navigation modules relating to performance, usage, operation, condition, identification, speed, odometry, battery usage, system functionality, software/firmware version, location, software usage, safety-related data, cleaning schedule, maintenance and other information to analyze the performance of Brain products and to improve Brain’s products and services.
  • While servicing Brain products, information gathered by us or our partners in order to provide continued maintenance and service. This information may include identification numbers, repair history, recalls, bulletins, outstanding invoices, grievances and feedback, and any other information related to the service history of your Brain products.
  • Offline including information collected during meetings with Brain representatives, visits to our offices, presentations by Brain, placement of orders, and contact with Brain’s service, support, or sales departments. We may also receive information you share with Brain’s partners.

You may give us your personal information when you use our websites or correspond with us by mail, phone, email or otherwise. This may include when you fill out forms on our websites, request information or documents we produce or distribute, or request information about our products and services. The categories of personal information that you may provide to us include:

  • Contact Information – your first name, last name, address, telephone number and email address.
  • Feedback and Correspondence – information you provide when you respond to surveys, participate in market research activities, report a problem with our services, receive customer support or otherwise correspond with us.
  • Usage Information – information on how you use our products and services and choose to interact with us and information associated with any content you upload to our website or otherwise submit to us through our services.
  • Marketing Information – your preferences for receiving marketing communications and your preferred method for such communications.
  • Location Information – information about your location based on technologies including GPS, IP address or connections to nearby Wi-Fi networks.

We may also gather Technical Information about you when you visit our website which your web browser automatically sends whenever you visit a website.  “Technical Information” is information that does not, by itself, identify a specific individual but could be used to indirectly identify you such as your Internet Protocol (“IP”) address, browser type, browser language and other information about your web browser, type of device used to access our website (including a mobile device), and the date and time of your access.

HOW WE USE AND SHARE YOUR INFORMATION

We may use the information we receive about you for our legitimate business interests, including:

  • To enforce compliance with our terms of use and applicable law. This may include developing tools and algorithms to help prevent violations.
  • To protect the rights and safety of our customers, vendors, suppliers and licensees, as well as our employees and representatives.

In addition, we may use the received information we receive for the following purposes:

  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas and other appropriate legal obligations.
  • To provide information to advisers, including attorneys and accountants, in order to comply with legal, accounting, and security requirements.
  • To prosecute or defend a court, arbitration, or similar legal proceeding.
  • To respond to a lawful request by public authorities, including to meet national or international security or law enforcement requirements.
  • In order to provide, support and improve our services, we may share your information with third parties.
  • To respond to your inquiries and fulfill your requests.
  • To evaluate feedback and performance of our products during an on-site evaluation.
  • To complete and fulfill purchases and subscriptions.
  • To provide services related to Brain products, including maintenance recommendations, performance tips, and delivery of software and hardware updates for Brain products.
  • To advise of important safety-related information.
  • To deliver administrative information to you, including information regarding the products and services purchased by you, and any changes to our terms, conditions and policies.
  • To monitor the performance of, and provide services relating to, our products.
  • To present products and offers specifically tailored to you.
  • To provide useful summary data related to our products and services.
  • To create maps and other aggregate information derived from sensors and telematics data.
  • To recommend products and services that might be of interest to you.
  • To deliver marketing and advertising messaging to you, including newsletters, announcements, offers or information.
  • To manage and communicate with you regarding products and services, including delivery of service-related notifications.
  • To transfer in connection with a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this privacy statement.
  • For Brain’s business purposes, including data analysis, audits, enforcing our terms and conditions, developing and modifying new products and services, and other business activities conducted by us.

We may create aggregated data from your personal information and the personal information of other individuals that we collect. This aggregated data is anonymous and does not directly or indirectly reveal your identity, and we use that anonymous data for our lawful business purposes.  For example, we may use such aggregated data to understand how our website is used in order to measure the popularity and effectiveness of our online presence and specific pages on our website.  We may use and share aggregated data and other anonymous information at our discretion.

TRADEMARKS

The Company’s name, the Company’s logo, the terms BrainOS®, Autonomy by Brain, EMMA, Brain Corp., and BRAIN, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates, or its licensors. You must not use such trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans available through the Services are the trademarks of their respective owners.

WHY WE COLLECT INFORMATION

We collect data to operate effectively and provide you the best experience with our products and services.  You provide some of this data directly.  In other instances, we obtain it by recording how you interact with our products and services. Data is critical for building smarter robots and is what makes our products possible.  You help build this data.  The data your robots generate feeds into our machine learning algorithms, software development, data analysis, and testing.  The data is also used to support the products and services you purchase using data analytics.  Without the ability to leverage data across a wide variety of applications, stores, and customers, our robots would not be able to perform as they do today.

COLLECTION OF INFORMATION FROM CHILDREN

We recognize the importance of protecting the privacy and safety of children.  Our website and services are directed towards the general audience and are not directed towards children.  We do not knowingly collect information about children under the age of 13 or minors otherwise defined in local law or regulation without verifiable parental consent.  If we learn that someone under 13 has provided personal information through our website, we will use reasonable efforts to remove that information from our databases.

CHOOSING NOT TO SHARE YOUR PERSONAL INFORMATION

Where we are required by law to collect your personal information, or where we need your personal information in order to provide products and services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with  our products and services.  We will instruct you as to what information you must provide to receive our products and services by designating it as required through other appropriate means.

SECURING YOUR INFORMATION

Keeping your information private is vitally important to us.  We take appropriate and reasonable technical and organizational measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and we consider the risks involved in the processing and nature of your personal information.  However, please note that no system can be 100% secure and we do not ensure or warrant the security of any information we collect.  If you have questions about the security of your personal information, you may contact us at PRIVACY@BRAINCORPORATION.COM.

SENSITIVE PERSONAL INFORMATION

We ask that you not send us, and you not disclose, any sensitive personal information on our website (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership).  If you send or disclose any sensitive personal information to us, you are giving your consent to our processing and use of such sensitive personal information in accordance with this privacy statement.  If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information.

INTERNATIONAL TRANSFER

We are headquartered in the United States and our users, customers and agents may be located outside of the United States.  When you provide us with personal information, that information may be sent electronically to servers outside the country or jurisdiction of where the information was entered originally.  In addition, that information may potentially be used, stored and processed outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

DATA BREACH RESPONSE

Security of all information is of the utmost importance for us. We use technical and physical safeguards to protect the security of your personal information from unauthorized disclosure.  We use encryption technology to keep information secure.  We also make all attempts to ensure that only necessary people and third parties have access to personal information.  Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.  In the case of a data breach, we will notify you of any loss, misuse or alteration of personal information that may affect you.

RETAINING YOUR INFORMATION

We retain your personal information when we have an ongoing legitimate business or legal need to do so.  Our retention periods will vary depending on the type of data involved, but generally to determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, whether it is needed to provide services, whether there is a contractual or legal need to retain the data, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we have no ongoing legitimate business need to retain your personal information we will either delete or anonymize it or, if that is not possible (for example, 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.  We do not have an obligation to retain your personal information for any specific length of time.

THIRD-PARTY WEBSITES, SERVICES, AND APPLICATIONS

Using our website or services may link to third party websites, services, and applications.  We do not control and are not responsible for any privacy practices or personal information collected through these means.  Information collected is governed through the third party’s website’s privacy policy.  Any interactions you have with these third-party websites, services, or applications are beyond our control.  When you post information through such links, those websites’ privacy policies and cookie usage policies apply directly.  We urge you to read the privacy and security policies of any third-party websites before providing your personal information while accessing those websites.

USE OF COOKIES AND OTHER TECHNOLOGIES

We may use cookies to collect information and enhance your online experience.  A cookie is a small amount of data sent from a web server to your browser and stored on your computer’s or mobile device’s hard drive when you are viewing a website.  The use of cookies is designed to augment your online experience via the information you provide.  We do not use them for tracking purposes – rather they are used mainly for statistical reasons, e.g., the date and time of access, the domain from which you access the Internet, the Internet address of the website from which you linked to our website.  We use and store this information to provide you with more personalized and customized online services and to make our website more convenient, useful, valuable and appealing to you.

We use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our website; and (2) third-party cookies, which are served by service providers on our website, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

If you decide at any time that you no longer wish to accept cookies from our  website for any of the purposes described above, then you can typically instruct your browser, by changing its settings, to remove or stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  In order to do this, consult your browser’s technical information (instructions are usually located within the “settings,” “help” “tools” or “edit” facility).  Many browsers are set to accept cookies until you change your settings.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

If you do not accept our cookies, you may experience some inconvenience or not be able to use all portions of the website or all functionality of the website.  For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our website.

DO NOT TRACK SIGNALS

Some internet browsers may be configured to send “Do Not Track” signals to the online websites that you visit.  We currently do not respond to ”Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

THIRD PARTY ANALYTICS PROVIDERS AND AD SERVERS

We may work with certain third parties (including network advertisers, ad agencies and analytics companies) to provide us with information regarding traffic on our website, to serve advertisements, including our advertisements elsewhere online, and to provide us with information regarding the use of our website or services and the effectiveness of our advertisements.  These third parties may automatically collect information about you using their own cookies or other technologies, or may otherwise collect or have access to information about your visits to  our website, your IP address, your ISP, the browser you use to visit our website and other usage information.  Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our website and other websites tracked by these third parties.  If you would like more information about this practice and to know your choices about not having this information used by these companies, you may visit:  http://www.aboutads.info/choices (for website users), http://www.networkadvertising.org/managing/opt_out.asp (for website users), http://youronlinechoices.eu/ (for users in the EU), or http://youradchoices.com/appchoices (for mobile app users).

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for business purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address provided below in the “Contact Us” section. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code as well as the manner in which you interacted with our products, services or website. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

EU GDPR

With respect to our processing of your ‘personal data’ incidentally collected by our products and services to the extent the EU General Data Protection Regulation (EU) 2016/679 (GDPR) applies, we act as a ‘Processor’.  This means that we only process your personal data to provide our business customers with the features and full functionalities of our products and services in the way described in our agreements with our business customers.  If you have any questions about our EU GDPR-related practices, please see our contact information in the “Contact Us” section below.

ACCEPTANCE OF USE AND CHANGES TO THIS PRIVACY STATEMENT

By visiting any part of our website or using our products or services, or otherwise providing us with personal information by any means, you accept and agree to the practices described in this privacy statement.  We may change this privacy statement at any time and from time to time.  The most recent version of this privacy statement is reflected by the version date located at the bottom of this privacy statement.  All updates and amendments are effective immediately upon notice, which we may give by any means including, but not limited to, posting a revised version of this privacy statement or other notice on our website.  We encourage you to review our privacy statement often to stay informed of changes that may affect you.  Your continued use of our website, services, products or otherwise providing us with your personal information (following the posting of a revised privacy statement) means that you accept and agree to the terms of the revised privacy statement, so please check the policy periodically for updates.  Our electronically or otherwise properly stored copies of this privacy statement are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy statement that was in effect on each respective date you visited our website.

CONTACT US

If you have questions or comments, would like to exercise rights, or if you have a concern regarding the way in which we handled any privacy matter, please use our Contact Form to send us a message.  If you do not receive timely acknowledgment following your submission, or if our response is not satisfactory, you may also contact us by postal mail at:

Brain Corporation
Attn: Privacy Department
10182 Telesis Court, Suite 100
San Diego, CA  92121

Last updated:  January 24, 2020.