Privacy Policy - UpBrains AI

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PRIVACY NOTICE

Last updated November 30, 2024

This privacy notice for UpBrains Al Inc. ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"),

such as when you:

• Visit our website at https://upbrains.ai, or any website of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. 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@upbrains.ai

This privacy notice for UpBrains Al Inc. ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"),

such as when you:

• Visit our website at https://upbrains.ai, or any website of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

This privacy notice for UpBrains Al Inc. ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"),

such as when you:

• Visit our website at https://upbrains.ai, or any website of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

This privacy notice for UpBrains Al Inc. ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"),

such as when you:

• Visit our website at https://upbrains.ai, or any website of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

Do we process any sensitive personal information? We do not process sensitive personal information.
Do we collect information from third parties? We do not collect information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. \
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.\
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, 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 unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.\
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon a request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

8. HOW LONG DO WE KEEP YOUR INFORMATION?

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

10. DO WE COLLECT INFORMATION FROM MINORS?

11. WHAT ARE YOUR PRIVACY RIGHTS?

12. CONTROLS FOR DO-NOT-TRACK FEATURES

13. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

14. ADHERENCE TO EU-US DATA PRIVACY FRAMEWORK (DPF) PRINCIPLES

15. HUMAN RESOURCES DATA PRIVACY NOTICE

16. DO WE MAKE UPDATES TO THIS NOTICE?

17. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

18. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us
In short: we collect personal information that you provide 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
phone numbers
email addresses
mailing addresses
job titles
usernames
passwords
contact preferences
contact or authentication data
billing addresses
debit/credit card numbers
your third party apps authentication data

Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is handled and stored by Stripe.com. You may find their privacy notice links here: https://stripe.com/privacy

Social Media Loin Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, X, or other social media account. If you choose to register in this way, we will collect certain profile information about you from the social media provider, as described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.
All personal information that you provide to us must be true, complete. and accurate. and you must notify us of an chanaes to such personal information.

Information automatically collected

In Short: Some information - such as your Internet Protocol (IP) address and/or browser and device characteristics - is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps''). and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location settings on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

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 fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns. and exchanges made through the Services.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information. see "WHAT ARE YOUR PRIVACY RIGHTS?" below.
To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
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?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

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.
Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill 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 ot the purposes described in order to:
- Send users information about special offers and discounts on our products and services
- Develop and display personalized and relevant advertising content for our users
- Analyze how our Services are used so we can improve them to engage and retain users
- Support our marketing activities
- Diagnose problems and/or prevent fraudulent activities
- 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.

WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.
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.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
Legal and Government Requests. UpBrains AI, Inc. may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Onward Transfers to Third Parties. In cases where UpBrains AI, Inc. transfers personal information to third parties acting as controllers, we will comply with the Data Privacy Framework (DPF) Principles, including the Notice and Choice Principles. If we transfer personal information to a third party acting as an agent on our behalf, we remain liable for its processing of that personal information under the DPF Principles if such processing is inconsistent with those Principles, unless we can prove that we are not responsible for the event giving rise to the damage.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when vou interact with our Services. Some online tracking technologies help us maintain the security of our Services and vour account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to vour interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising. as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?"

In Short: We may use cookies and other tracking technologies to collect and store your information.

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice (you may ask for Cookie Notice by contacting us.)

HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.

Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or X logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?" above), in the United States and other countries

If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

European Commission's Standard Contractual Clauses

We have implemented measures to protect your personal information including by using the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information in that they process originating from the EA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

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 twelve (12) 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 anonymize 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?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect securIty or 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 unauthorized 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?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are a parent or guardian or such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age 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, please contact us at info@upbrains.ai.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: Depending on your state of residence in the US or in some regions, you have rights that allow you greater access to and control over your personal information. You may review, change. or terminate your account at any time, depending on your country, province, or state of residence.

In some regions, 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. 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.

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

If you are located in the EA 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 NOTICE?" 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.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, Sending a request to info@upbrains.ai, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you - for example. to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

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.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

If you have questions or comments about your privacy rights, you may email us at info@upbrains.ai

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 recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNI browser signals or another 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 recognizing or honoring DNT signals, we do not respond to them at this time.

DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: If you are a resident of California, Virginia or Delaware, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, 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. More information is provided below.

Categories of Personal Information We Collect

We have collected the following categories of personal information in the past twelve (12) months:

Category

Examples

Collected

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique

personal identifier, online identifier, Internet Protocol address, email address, and account name

Yes

B. Personal information as defined in the California Customer Records statute

Name, contact information, education, employment, employment history, and financial information

Yes

C. Protected classification characteristics under state or federal law

Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data

D. Commercial information

Transaction information, purchase history, financial details, and payment information

E. Biometric information

Fingerprints and voiceprints

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other

websites, applications, systems, and advertisements

Yes

G. Geolocation data

Device location

Yes

H. Audio, electronic, sensory, or similar information

Image and audio, video or call recordings created in connection with our business activities

I. Professional or employment-related information

Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

Yes

J. Education Information

Student records and directory information

K. Inferences drawn from collected personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

Yes

L. Sensitive personal Information

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 - Up to 12 months after user account deletion
Category B - Up to 12 months after user account deletion
Category F - As long as the user has an account with us
Category G - As long as the user has an account with us
Category I - Up to 12 months after user account deletion
Category K - Up to 12 months after user account deletion

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 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 now 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 obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California's privacy law)

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@upbrains.ai, by visiting https://upbrains.ai/contact , or by referring to the contact details at the bottom of this document.

We will honor your opt-out preferences if you enact the Global Privacy Control (GPC) opt-out signal on your browser.

Under certain US state data protection laws, you can designate an authorized agent to make a request on our behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized 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 authorized agent, we may need to collect additional information to verify vour 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@upbrains.ai. 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 NOTICE?"

U.S. Federal Trade Commission (FTC) Compliance

UpBrains AI, Inc. complies with the regulations and guidelines set forth by the U.S. Federal Trade Commission (FTC). We are subject to the investigatory and enforcement powers of the FTC to ensure compliance with applicable privacy laws, including any related data protection provisions. Should a complaint arise regarding our handling of your personal information, we are committed to addressing it in accordance with these guidelines and regulations.

If you have any concerns about how we process your personal data, you may contact us using the contact information provided in the Section 17 below.

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 - Up to 12 months after user account deletion
Category B - Up to 12 months after user account deletion
Category F - As long as the user has an account with us
Category G - As long as the user has an account with us
Category I - Up to 12 months after user account deletion
Category K - Up to 12 months after user account deletion

Sources of Personal Information
Learn more about the sources of personal information we collect in "WHAT INFORMATION DO WE COLLECT?"

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 obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California's privacy law)

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@upbrains.ai, by visiting https://upbrains.ai/contact, or by referring to the contact details at the bottom of this document.

We will honor your opt-out preferences if you enact the Global Privacy Control (GPC) opt-out signal on your browser.

U.S. Federal Trade Commission (FTC) Compliance

If you have any concerns about how we process your personal data, you may contact us using the contact information provided in the Section 17 below.

ADHERENCE TO EU-US DATA PRIVACY FRAMEWORK (DPF) PRINCIPLES

UpBrains Al, Inc. is committed to upholding the principles outlined in the the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce. We are committed to adhering to the following DPF principles: a) Notice. With this Privacy Notice, we inform you about the purposes for which we may collect and use your personal information, the types of third parties to which we may disclose your information, and the choices and means we offer for limiting information use and disclosure. This Privacy Notice serves as our commitment to transparency and openness regarding our data practices; b) Choice. As required by law, we offer you the opportunity to choose (opt-out) whether your personal information is to be disclosed to a third party or used for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized by you; c) Accountability for Onward Transfer. We recognize our responsibility for the personal information we receive under the DPF and subsequently transfer to third parties. We are taking our best efforts to ensure that a third party to whom we transfer personal information provides the same level of protection as required by the DPF principles: d) Security. We are taking reasonable and appropriate measures to protect personal information from loss, misuse, unauthorized access disclosure, alteration, and destruction. These measures include technical, administrative, and physical safeguards designed to ensure the confidentiality, integrity, and availability of personal information; e) Data Integrity and Purpose Limitation. We are only collecting personal information that is relevant for the purposes of processing. We process personal information solely for the purposes for which it was collected. We are taking our best efforts to ensure that personal data is reliable for its intended use, accurate, complete, and current; f) Access. As prescribed by law, we provide you with access to your personal information and the ability to correct, amend, or delete that information where it is inaccurate. Please note that exceptions may apply; g) Recourse Enforcement, and Liability. We will take our best efforts to provide robust mechanisms for assuring our compliance with the DPF principles, including procedures for verifying that our commitments to the DPF principles have been implemented; h) Dispute Resolution. In compliance with the DPF principles, UpBrains Al, Inc. commits to resolve complaints about our collection or use of your personal information. More information is provided in Complaints, Dispute resolution and Recourse Mechanism section below; i) Commitment to Certification which is provided in Commitment to Certification section below.

Commitment to Certification.
UpBrains Al, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce. UpBrains Al, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Complaints, Dispute resolution and Recourse Mechanism
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, UpBrains Al, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information. The services of JAMS are provided at no cost to you.

Individual's Right to Choose Arbitration

Under certain circumstances, you may choose to resolve any dispute or claim arising out of or relating to your use of our services through binding arbitration. This is in accordance with the terms and conditions set forth in Annex I of the DPF Principles. To invoke binding arbitration, you must provide us with written notice of your intention to do so and follow the procedures outlined in Annex I of the DPF Principles. To learn more about the Data Privacy Framework (DPF) program, please visit https://www.dataprivacyframework.gov/. For more information about your right to invoke a binding arbitration under the DPF Principles please visit: https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction

Subsidiaries and Covered Entities under the Data Privacy Framework (DPF)
As part of its participation in the DPF program, UpBrains AI, Inc. includes its subsidiary, UpBrains AI Services LLC, a Virginia Domestic Limited-Liability Company, under its certification. Both UpBrains AI, Inc. and UpBrains AI Services LLC adhere to the same DPF principles regarding the collection, use, and retention of personal data transferred from the EU, UK. Any personal data processed by these entities is subject to the same protections and safeguards outlined in this privacy policy, ensuring compliance with the commitments under the DPF.

HUMAN RESOURCES DATA PRIVACY NOTICE

Human Resources Data Compliance. We are committed to handling human resources data in strict compliance with applicable data protection laws. Our practices are detailed in our Human Resources Data Privacy Notice, which is accessible to all our employees and contractors. This notice outlines how we collect, use, protect, and share HR data, ensuring transparency and adherence to legal requirements.

DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

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 now we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, UpBrains Al, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact UpBrains Al, Inc.by emailing us at info@upbrains.ai, by visiting https://upbrains.ai/contact , or by referring to the contact details specified below.

UpBrains AI Inc.

1900 Reston Metro Plaza Suite 600, Reston, VA 20190

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, UpBrains Al, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact UpBrains Al, Inc.by emailing us at info@upbrains.ai, by visiting https://upbrains.ai/contact, or by referring to the contact details specified below.

UpBrains AI Inc.

1900 Reston Metro Plaza Suite 600, Reston, VA 20190

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, UpBrains Al, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact UpBrains Al, Inc.by emailing us at info@upbrains.ai, by visiting https://upbrains.ai/contact, or by referring to the contact details specified below.

UpBrains AI Inc.

1900 Reston Metro Plaza Suite 600, Reston, VA 20190

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.

UpBrains AI

1900 Reston Metro Plaza, Suite 600, Reston, VA 20190

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