Privacy Policy

We have updated the Posit Science Privacy Policy as of March 17, 2008

INTRODUCTION
This Privacy Policy applies to information that users transmit to Posit Science® through the Posit Science website at www.positscience.com and any websites owned or operated by (or on behalf of) Posit Science, including lab.positscience.com, www.cognitiveclub.com, and www.brainfitnesschannel.com (collectively, the “Sites”) and through using any version (whether pre-release or commercial) of the Posit Science Brain Fitness Program™ Software or the Posit Science Cortex™ Software (including the version with InSight™) (collectively the “Software”).

Posit Science is committed to your privacy. This Privacy Policy is designed to inform you of what information we collect from you on our Sites and through the Software and how we and our affiliates use that information. This Privacy Policy does not apply to the collection and use of information related to a Posit Science research study. Our practices in such contexts are addressed in the research protocol provided during the study.

Please direct any questions regarding this Privacy Policy to us by email at customerservice@positscience.com or by phone at 800-514-3975.

WHAT WE COLLECT AND WHEN

Personally Identifiable Information

We collect personally identifiable information on our Sites and through our Software, including in the following ways:

• When you register for or purchase goods or services from us or license the Software;
• When you license or activate the Software during or after installation;
• When you send email through the Sites or Software;
• When you fill out a feedback form or participate in a webcast through the Sites;
• When you are using the Posit Science Cortex Software and are connected to the internet; and
• When you use the Posit Science Brain Fitness Program Software if you’ve “opted in” to Reporting (as described in the “Choice” section, below).

From time to time, we may also receive personally identifiable information from entities from which you acquired the Software or those that provided you access to our products.

The types of information collected include your Internet Protocol (IP) address, name, year of birth, credit card information, billing and shipping addresses, email address, telephone number, educational level, gender and additional contact and transaction-related information, as well as any additional information you choose to include in communications to us. When you use the Posit Science Brain Fitness Program Software if you opt in to Reporting, we also collect information to track your progress and your feedback. When you use the Post Science Cortex Software such information is provided to us automatically when you are using the software and connected to the internet. When you complete forms on the Sites, compose web reflective journals, or correspond with us by post, phone or fax we may store portions of those communications.

We consider each of the above types of information to be “Personally Identifiable Information” because it is (or it is associated with) individually identifiable information about you.

Other Information
In the following circumstances we collect information that is not personally identifiable:

• When you navigate the Sites, use the Posit Science Cortex Software when connected to the internet or use the Posit Science Brain Fitness Program Software after opting in to Reporting, we log various types of information to help manage and improve our Sites, Software, services, and marketing, in general and for you in particular. (For example, we identify items such as domains and browser types to understand how our Sites are used and to report these statistics in the aggregate to the vendors that manage the technology of the Sites. We also record your IP address and any information you enter and we keep track of which pages you click on.); or
• If you opt in to running the utility tool bundled with the Posit Science Cortex Software, your computer will send us certain diagnostic information about your computer and network connection so we can assist you with use of the software and to improve your experience with our product.

Cookies, etc.
Like many websites, we use cookies and other standard web technology to collect information for our own use.

A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie and to permit you to refuse it. In some cases refusing a cookie will hamper your navigation of our Sites.

Cookies make it easier for you to use the Sites and for us to offer opt in and opt out opportunities, and they enable us to follow your navigation through the Sites and customize it to your interests. They allow us to remember your identity and preferences so we can display content appropriate for you and your interests and so we can better market and sell our products, services, and software to you.

Although we contract with third parties to manage the use of these technologies, the information is only used to help manage our Sites and deliver products and information to you. The third parties are obligated by contract to keep the information confidential and are prohibited from using it for any other purpose.

HOW WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION

We use your Personally Identifiable Information (and at times other information we collect) to:

• Authenticate your visits;
• Send you information and products (including software updates); or
• Help us make you aware of and provide services and products that may be of interest to you.

We also use the information to manage and improve our Sites and Software.

We may also use your Personally Identifiable Information to contact you with our newsletters, marketing or promotional materials, coaching information and customer support materials or notices about new products and services that may become available and to customize and deliver that information to you.

We enhance or merge Personally Identifiable Information with your other information and with data from third parties in order to better market and provide our products, services and software. This third party information may include information received from university and research study partners, third party clinical research organizations, residential center staff, your friends and family and others.

LIMITED DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES

We do share Personally Identifiable Information with our affiliates.

We also disclose your Personally Identifiable Information to unaffiliated third parties, but only as follows:

• Advertising and marketing agencies to help sell and market our own products, services and software;
• Technology and other service providers to provide technology and services (including order processing and fulfillment services, administration of surveys and database management,) to us and to you; or
• Vendors that help us with data analysis, for example for product efficacy studies and market analysis.

The above unaffiliated third parties are all contractually obligated to keep the information we provide confidential and to not use the information for any purpose other than providing services to us and to you under our direction. On occasion we also receive your Personally Identifiable Information from these third parties.

We also disclose Personally Identifiable Information as permitted or required by law or as required by subpoena, search warrant, or other legal process.

As our business evolves, we may sell, transfer or otherwise share some or all of our assets, including information provided by you, in connection with a merger, reorganization or sale of some or all of our assets or in the event of bankruptcy. In any such event, Personally Identifiable Information and other information may be one of the assets transferred. We will post notice before personal information is transferred and becomes subject to a different privacy policy.

CHOICE

Use of Personally Identifiable Information Only as Necessary
You are not required to register to gain access to many areas of the Sites. If you use the Software and our Sites’ personalized services, however, we will collect your Personally Identifiable Information as described in this Privacy Policy and use it to the extent necessary to provide products, information and services you request.

Reporting
Our Software is capable of collecting and sending us information regarding your progress and use of the Software. We use such information to track your progress and to improve the Software and our products and services. We call this, “Reporting.” When you use our Posit Science Brain Fitness Program Software you can choose whether to opt in to allow the software to collect and send us this information. When you use our Posit Science Cortex Software this information is sent to us automatically when you are connected to the internet.

Community Forums
If you join one of our community forums other users may be able to see your screen or username, in addition to any comments or submissions that you choose to post on or submit to the Sites. Providing your Personally Identifiable Information in this context, as in others, is voluntary and should correlate with the degree of interaction you wish to have with other users. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or username to the extent that allows others to identify you.

MORE ON PRIVACY

Children’s online privacy protection
Posit Science understands the importance of protecting children’s privacy, especially in an online environment. The Sites and the Software are not designed for or directed at children. Use of the Software is currently limited to adult environments. It is our policy not to knowingly collect or maintain information about anyone under the age of 13.

Refer-A-Friend
If you choose to use our referral service to tell a friend about our Sites or our products or services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Sites. Posit Science stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at customerservice@positscience.com to request that we remove this information from our database.

Links to third party websites
The Sites contains links to third party websites. We assume no responsibility for the information practices of those websites. We encourage visitors to review each website’s privacy policy before disclosing any personal information on that website.

Phishing
We do not and will not, at any time, request your Personally Identifiable Information or other information in a non-secure or unsolicited e-mail or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. For more information about phishing, visit the Federal Trade Commission at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt127.pdf

Security
We use SSL encryption, firewalls and self-updating anti-virus software designed to protect your personal information from unauthorized access. In addition, user purchase information is encrypted.

Access to data
Registered users may contact us with requests that we delete their Personally Identifiable Information from our systems and we will attempt to accommodate such requests. If all such information is deleted from our systems, your account may become deactivated. In any event, we may retain an archived copy of your records as required by law or for legitimate business purposes. See below for privacy contact information.

International Users
By visiting our Sites and providing us with data, you acknowledge and agree that due to the international dimension of Posit Science some of the data may be transmitted outside your resident jurisdiction. Furthermore, you acknowledge and agree that such data may be stored and processed on servers located in the United States.

CHANGES TO THIS POLICY

This Privacy Policy may be updated from time to time as our services change and grow. We will indicate any such changes at the privacy link at the bottom of our home page. The most current version of the Privacy Policy can be found at http://www.positscience.com/privacy.php.

CONTACT

We welcome inquiries or comments about our Privacy Policy and any queries or concerns about Posit Science by email at customerservice@positscience.com or by phone at 800-514-3975.