Version Date: September 17, 2022
If You have questions about deleting or correcting Your personal data please contact Us at [email protected]. If You make a request, please provide Us with Your full name, username (if applicable), and email address for Your Account.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AS WELL AS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT IMPACTS YOUR RIGHTS FOR DISPUTE RESOLUTION. PLEASE READ THESE SECTIONS CAREFULLY IF YOU LIVE IN THE UNITED STATES.
By using Our services, You represent and warrant that You have attained the age of majority where You reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. If You enter a birth date or other indication that You are not old enough to own a Cortex Evolution account or a Strive Hive account, Your account may be disabled. Persons who are at least 13 years of age (or 16 years of age in the European Union “EU”) but under the age of majority may only use Our coaching services after receiving legal parental or guardian consent from someone legally qualified to do so.
In the Group, We do not allow the participation of minors. By participating in the Group, You certify that You are at least 18 years old.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly solicit, collect, maintain, or distribute PII from anyone under the age of 13, unless or except as permitted by law. We will not knowingly link to any third-party website or platform that solicits or collects PII from minors. Any person providing PII through the Group is screened to ensure they are of the appropriate age, and thus represents to Us that he or she is 18 years of age or older. If We learn that PII has been collected from a Participant under 18 years of age on or through the Group, then We will take the appropriate steps to cause this information to be promptly deleted. If You are the parent or legal guardian of a child under 18 who has become a member of the Group or has otherwise transferred PII to the Group, please contact the Company using Our contact information below to have that child’s Account terminated and information deleted.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.
Web Beacons and Cookies
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the Participant and allows Company operators to check whether a Participant has viewed a particular web page or an email. Web Beacons are not used to access Participants’ PII. Web Beacons collect only a limited set of information, including time and date of a page or email view and a description of the page or email on which the Web Beacon resides. The Company may use Web Beacons in emails to know if/when Participants have viewed emails or to allow Us to count users who have visited certain web pages and to generate statistics about how Our site is used. You may not decline Web Beacons. However, they can be rendered ineffective by declining all web cookies or modifying Your browser setting to notify You each time a web cookie is tendered, permitting You to accept or decline web cookies on an individual basis.
Some web browsers may give You the ability to enable a “do not track” feature that sends signals to the websites You visit, indicating that You do not want Your online activities tracked. This is different than blocking or deleting Cookies, as browsers with a “do not track” feature enabled may still accept Cookies. There currently is no accepted standard for how to respond to this signal, and We do not take any action in response to this signal.
Aggregated and Non-Personally-Identifying Information
You agree that We may extract and use information You disclose for the purposes of aggregating data in a non-identifiable method. This aggregated data may be used to improve Our services or, without limitation, to develop, analyze, combine, or publish the aggregated data for commercial purposes.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, PII is information that can be directly associated with a specific person. In order to serve You, the Company may collect a range of PII from and about Company customers, including You. We do not sell, trade, or otherwise transfer to outside parties Your PII, except for the absolutely necessary Company Disclosures described below.
Much of the PII collected by the Company about Participants is information provided by Participants themselves when (1) registering for Our services, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of Our services, or responding to offers or advertisements, (4) communicating with us, (5) creating a profile, (6) applying to teach a class, or (7) signing up to receive newsletters or other content. That information may include each Participant’s name, address, email address and telephone number, and, if You transact business with us, financial information such as Your payment method (valid credit card number, type, expiration date, billing address, or other financial information). We also may request information about Your interests, goals, and activities, Your gender, age, date of birth, and other demographic or relevant information as determined by the Company from time to time. Participants are under no obligation to provide the Company with PII of any kind, with the caveat that a Participant’s refusal to do so may prevent the Participant from using certain Group features or Company services.
Other types of PII that We may collect include:
– Device Information: When You use Our services through Your computer, mobile phone or other device, We may collect information regarding and related to Your device, such as hardware models and IDs, device type, operating system version, the request type, the content of Your request and basic usage information about Your use of Our services, such as date and time. In addition, We may collect information regarding application-level events and associate that with Your Account to provide customer service. We may also collect and store information locally on Your device using mechanisms such as browser web storage and application data caches.
– Location Information: When You use the services, We may collect Your precise location data. We may also derive Your approximate location from Your IP address.
– Call and SMS Data: In connection with providing service, We may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. You consent to the receipt, collection and storage of this information.
In order to participate in the Group or certain other Company services, You will need to set up an account with Us (an “Account”) and provide certain identifying information that will be linked to Your Account, including Your name, time zone, email address, and phone number. We encourage You to exercise caution and prudence before voluntarily disclosing any other types of PII about Yourself. We prohibit You from disclosing any PII about another person, whether or not they are an Account holder.
In order to protect Your privacy and create a community environment that encourages sharing, vulnerability, and openness, We prohibit Participants from recording, in any manner and under any circumstances, interactions with other Participants or with the Group.
BY REGISTERING WITH OR PARTICIPATING IN THE GROUP OR ANY OTHER COMPANY SERVICE, YOU EXPRESSLY CONSENT TO THE USE AND DISCLOSURE OF YOUR PII AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
The Company uses the PII in the file We maintain about You, and other information We obtain from Your current and past activities with the Company (1) to deliver the products and services that You have requested, including algorithmically pairing You with other Participants based on the information You provided; (2) to manage Your Account and provide You with customer support; (3) to develop content tailored to Your interests; (4) to resolve disputes and troubleshoot problems; (5) to measure consumer interest in Our services; (6) to inform You of updates; (7) to customize Your experience; (8) to promote products or services relevant to the Group and other Company services; (9) to detect and protect Us against error, fraud and other criminal activity; (10) to enforce the Group’s Community Guidelines; and (11) to do as otherwise described to You at the time of collection. At times, We may look across multiple Participants to identify problems. In particular, We may examine Your PII to identify Participants using multiple Participant IDs or aliases. We may compare and review Your PII for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made to the Company, enroll You in the discount, rebate, and other programs in which You elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage Our business.
Depending on what you have opted to receive, We may occasionally use Your name and email address to send You notifications regarding new content or offers from the Company that We think You may find valuable, including Group updates, “Ask a Neuroscientist” answers and guidance, or custom brain coaching offers and discounts. If you sign up for a free consultation, You will be automatically subscribed to these mailing lists using the email address You provided when you signed up. We may also send You service-related announcements from time to time through the general operation of the service. If You join the Group, We will contact You via email to provide You with Your partner(s) information and important information to help You succeed in the Group. Generally, You may opt out of promotional and/or informational emails by choosing Your preference at the time You register for Our services, by contacting Us at any time at [email protected] to unsubscribe or change your preferences, or by clicking the “Unsubscribe” option present in the footer of Our emails at any time. However, We reserve the right to send You (1) notices about Your Account, such as service announcements and administrative messages, (2) requests for brief input about Your satisfaction with the Group, Your partner(s), and other Company services, (3) important announcements, and (4) direct requests for information and communication as needed to resolve any issues or complaints related to Your degree or manner of participation in the Group or Our other Services. We will not contact You by any means other than email unless You consistently fail to respond in a timely manner to emails requiring a response, in which case We may attempt to contact You by other means. If You no longer desire to receive ANY communications from Us, please email Us at [email protected] to request complete termination of Your Account.
Feedback & Support
If You send Us a question, suggestion, or support request (via email, contact forms on Our Website, or other feedback channels), We will generally reply to You by email within two (2) business days. After We reply, We will keep the PII and any other personal data that You submitted along with Your request for one (1) month since the date of last activity in case follow-ups are needed. This data includes the IP-address from which the request was made, to avoid misuse of Our forms and communication channels. After one (1) month of inactivity, all data uniquely gathered from Your request will be deleted.
If You send Us a question, suggestion, or support request, We reserve the right to publish it (stripped of all PII) in order to help Us clarify or respond to Your request or to help Us support other users (e.g., create FAQs).
We may provide technical support to service Your Account. To do so, We may use certain PII to access Your Account for the purpose of troubleshooting, revising, running tests, and/or otherwise providing support. In the process, We may potentially see other PII viewable on Your Account pages. Any information We encounter in the process of providing support will be safeguarded with the same security and protection standards as all other personal information.
We take reasonable measures to protect against the unauthorized access, use, alteration, or destruction of potential PII. The Company discloses potential PII only on as needed (or required) as follows:
● By participating in the Group, if You so choose, You elect to be matched with other members of the Group, who will become Your “Improvement Partner(s)”. We will share Your contact information (name, email, and time zone) and other important information You provide when You register for an Account with Your Improvement Partner(s) to whatever extent You do not expressly object during Your registration. At any time, You may email Us at [email protected] to update Your information sharing preferences. We will also share Your Improvement Partner(s) contact and other information with You.
● To Our employees or external contractors that: (a) need to know the information in order to process it on Our behalf or to service the Company or its assets; and (b) that have expressly agreed not to disclose it to others. Note: Some of those employees, and contractors may be located outside of Your home country; by using Our services, You consent to the transfer of such information to them.
● Third-Party Service Providers. We may share Your PII, which may include Your name and contact information (including email address) with Our authorized service providers that perform certain services on Our behalf. These services may include, but are not limited to, fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Company’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Company. We may also share Your name, contact information and credit card information with Our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose. See Our “Third Party Service Provider Terms” below for more detailed information.
Changing Personally-Identifying Information; Account Termination
Additional Information for International Users
European Union Users
If You are a resident of the European Economic Area (EEA), You have certain data protection rights, which include the following in certain circumstances:
● Right to Access – You have the right to request copies of Your personal data from the Company. We will charge You a small fee for this service to cover Our costs associated with providing You the information, if permitted by law in Your location.
● Right to Rectification – You have the right to request that the Company correct any information You believe is inaccurate. You also have the right to request the Company to complete information You believe is incomplete.
● Right to Erasure – You have the right to request that the Company erase Your personal data, under certain circumstances.
● Right to Restrict Processing – You have the right to request that the Company restrict the processing of Your personal data, under certain circumstances.
● Right to Object to Processing – You have the right to object to the Company’s processing of Your personal data, under certain circumstances.
● Right to Data Portability – You have the right to request that the Company transfer the data that We have collected to another organization, or directly to You, under certain circumstances.
If You are a Group Participant, in order to service You as a member of this Group, the Company retains some of Your personal information on Google Drive, in Mailchimp, and on employee personal computers for the duration of Your time in the Group, and some of Your information is stored indefinitely following the termination of Your participation in the Group, unless You elect otherwise. If You are a coaching client, the Company retains some of Your personal information on the Acuity Scheduling platform, in Mailchimp, and on employee personal computers for the duration of your participation, and some of Your information is stored indefinitely following the termination of your participation, unless You elect otherwise. Your personal financial information is stored with third parties (see below).
If You would like to exercise any of the above-listed rights, review Your personal data or would like Us to delete Your personal data, please email Us at: [email protected].
To prevent Us from storing Your data, to review or change Your stored data, or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and a statement that You do not want Us to store Your information or that You want to review or change Your information that We have stored. You may also specify what specific information You do not want Us to store, what information You want to review or change, or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four (4)-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide an explanation as to why We cannot do so.
Please note that any changes You make will be reflected in Our active user database within a reasonable time; however, We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits Our Participants who are California residents to request and obtain from us, once a year and free of charge, information about the PII (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the PII that was shared and the names and addresses of all third parties with which We shared PII in the immediately preceding calendar year.
The Company does not sell, rent, or barter Your personal information and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. We also do not offer financial incentives associated with Our collection, use, or disclosure of Your personal information.
In order to service You as a Participant, the Company retains some of Your personal information. Your personal financial information is stored with third parties. If You would like to review Your personal data or would like Us to delete Your personal data, please contact Us at: [email protected]
To prevent Us from storing Your data, or to review Your stored data, or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and a statement that You do not want Us to store Your information or that You want to review Your information that We have stored. You may also specify what information You do not want Us to store or what information You want to review or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide explanation as to why We cannot do so.
Please note that any changes You make will be reflected in Our active user database within a reasonable time, however We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.
NEVADA PRIVACY RIGHTS
Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) allows Nevada residents the option to opt-out of the sale of certain “covered information” that is collected by websites and online services. The Company does not sell covered information, as defined by the NPICICA.
However, if You would like to be notified if We decide in the future to sell personal information covered by NPICICA, please contact Us at [email protected] and provide Your full name, the Company username (if applicable), and email address for Your Account. You are responsible for updating Your email address for this purpose and We are not obligated to cross-reference other email addresses You have provided for other purposes. We will contact You only at the email address provided under this section if Our plans change.
We take the security of Your PII seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view Your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We are dedicated to protect all information associated with Your use of Our services. You can help maintain the confidentiality of Your PII by always using a secure internet connection.
SOCIAL MEDIA AND OTHER PUBLIC SHARING
Our services may now or in the future integrate with social sharing features and other related tools which let You share actions You take on Our services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with Your friends or the public, depending on the settings You establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data You provide to or share through them.
Any information or content that You voluntarily disclose for posting publicly to a social sharing service becomes available to the public, as controlled by any applicable privacy settings that You set with the social sharing service. Once You have shared User Content or made it public, that User Content may be re-shared by others. If You remove information that You posted to the social sharing service, copies may still remain viewable in cached and archived pages, or if other users or third parties, using the social sharing service, have re-shared, copied or saved that User Content.
You will need to contact Cortex Evolution in the event that You wish to have this personally identifiable information removed from Our service. Please note that responding to Your request may not ensure complete or comprehensive removal from the internet if the content or information has been reposted by another party. To request removal of content or information, please contact Us at [email protected]
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Third-Party Service Provider Terms
By participating in Our services, You agree to the privacy policies of these providers (provided below), which may change at any time.
We may use the following Providers for customer management:
Acuity Scheduling (Squarespace Scheduling)
We may use the following Providers for content sharing:
We may use the following Providers to process payments:
Acuity Scheduling (Squarespace Scheduling)
IF YOU PURCHASE A COACHING SUBSCRIPTION, BY PROVIDING YOUR FINANCIAL INFORMATION TO ACUITY SCHEDULING (SQUARESPACE SCHEDULING), PAYPAL, OR STRIPE, YOU CONSENT TO AUTOMATIC PAYMENTS OF YOUR CHOSEN FEE EVERY MONTH. The subscription fee will be billed at the beginning of Your subscription or expiration of Your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until You cancel Your subscription or the account or service is otherwise suspended or discontinued, which changes shall become effective at the start of the next thirty (30)-day billing cycle. You may review or change any applicable subscriptions, including their renewal date and payment method, by registering for an account through Acuity Scheduling using the link found on any appointment confirmation page after scheduling an appointment, then logging back in via that same page or via https://app.squarespacescheduling.com/client-login.php?owner=25569488. Once logged in, You may cancel Your subscription by clicking on the link to Your subscription, then clicking the “Cancel” button on the next web page. You may also navigate to the latter page by clicking the “Change or cancel subscription” link in Your order receipt email. You may also cancel by sending written request to [email protected]
We reserve the right to change the terms of Your subscription, including price, from time to time, effective as of the beginning of Your next billing period following the date of the change. If We change the subscription fee or other charges for Your subscription, We will give You advance notice of these changes. However, We will not be able to notify You of changes in any applicable taxes.
The Company is not represented to be compliant under the Health Insurance Portability and Accountability Act (“HIPAA”) and You may not submit protected health information under HIPAA to the Company or the Group. You are solely responsible for not submitting medical, health, or other health-related sensitive information to the Company or the Group.
BINDING ARBITRATION OF CLAIMS
In the event there is an issue, We want to make the resolution process as quick and efficient as possible. You agree to first discuss the issue informally with Us for at least thirty (30) days. To do so, please send Your full name, username (if applicable) and email address associated with Your Account, Your concern, and Your proposed solution by email to [email protected]. If We would like to discuss an issue with You, We will contact You using the email address You provided in association with Your Account.
The Company shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the content and use or performance of the Group or other Company services, or for any content, software, products and services made available or obtained through the Group or the Company, or their associated services or products, whether based on contract, tort, negligence, strict liability or otherwise.
Any services or content made available or obtained through the use of the Company services and all other use of the Company services is done at Your own discretion and risk and You will be solely responsible for any damages, including, but not limited to, Your computer system or loss of data that results therefrom.
Each party shall pay its own attorneys’ fees and costs arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator and AAA (or the mutually agreed upon arbitration provider); however, the arbitrator may award the prevailing party reimbursement of its reasonable attorneys’ fees and costs and/or other fees and costs of the arbitrator.
The arbitrator shall issue a written award within fifteen (15) days after the conclusion of arbitration which describes the material factual findings and conclusions that the award is based upon, including the calculation of damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the award being issued. Judgment of the award may be entered by any court of competent jurisdiction.
BY AGREEING TO THIS BINDING ARBITRATION CLAUSE, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY BE AVAILABLE TO YOU IF A CLAIM OR DISPUTE WERE DETERMINED BY THE COURT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES WHICH ARE PRECLUDED BY THIS ARBITRATION PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, THE RIGHT TO BRING A CLAIM AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.
Cortex Evolution, LLC
Email: [email protected]
If You would like to report a complaint or if You feel that the Company has not addressed Your concerns, You may contact the Utah Consumer Protection Division at https://consumerprotection.utah.gov/.
Copyright 2022, Cortex Evolution, LLC. All rights reserved.