Privacy Policy

Last Modified: June 13, 2019

 

Big Smoke Media Inc. ("we", "us" or "our")  is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). This privacy policy (“Privacy Policy”) sets out how we collect, store and use personal information in connection with our website ("Website"), our iOS and Android applications and online web platform (collectively the "Brain Pick App") hosted at https://www.brainpick.com, with the mobile applications downloadable only on the Google Play and Apple App Store.

 

YOU CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH MAY BE UPDATED FROM TIME TO TIME.
 

Collection of Personal Information
 

To establish an account with us, we collect your personal information, including your:
 

  • Full name;
     

  • Billing address;
     

  • Email address;
     

  • Government issued identification, to confirm your identity with our payment processor, if you are using the Brain Pick App to receive payments. Your identity documents will be stored with Stripe, as defined below;
     

  • Social profiles and social profile user information, including, for example, your LinkedIn account information used to create your account with us;
     

  • Technical data and related information on your use of the Brain Pick App, including but not limited to, technical information about your mobile device, system and application software and peripherals, which is gathered periodically to facilitate the provision of software updates and user support;
     

  • Comments, feedback, reviews and other information you upload or provide to the Website or Brain Pick App; 
     

  • IP address and location data, including geo-location data;
     

  • Website statistics and analytics data regarding your use of the Website and Brain Pick App;
     

  • Other types of raw data relating to how you interact with the Website and Brain Pick App, for example, your browser information and session duration;
     

  • Profile photos and business logos (where you elect to upload them);
     

  • Biographical information which you elect to include on your user profile;
     

  • Payment, banking and credit card information; and
     

  • All other information you elect to provide on our Website, the Brain Pick App or otherwise.
     

Please note that third-party service providers may have their own privacy policies on the collection and use of your information which either we or you provide them.
 

TO THE EXTENT YOU PROVIDE US WITH, UPLOAD OR STREAM DATA THAT INCLUDES THE PERSONAL INFORMATION OF ANOTHER PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THEIR AUTHORIZATION TO PROVIDE US WITH THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS OF USE.
 

Use of Location Services
 

The Brain Pick App may use location services made available online and by iOS, Android and other platforms.  Location services allows location-based apps and websites to use information from internet service providers, cellular, Wi-Fi, Global Positioning System (GPS) networks, and iBeacons to determine your approximate location.  We use location-based services to log your time-zone to support booking calls with other users.
 

Credit Card and Payment Processing Companies
 

The Brain Pick App collects credit card and payment information from you via third-party payment providers, Stripe, Inc., Stripe Payments Canada, Ltd. and their related entities (collectively “Stripe”).  Stripe’s additional terms of service and privacy policies may apply to the collection and use of your personal information. While we may host Stripe’s online forms on our Website or the Brain Pick App, when you enter credit card details, you are providing that information directly to Stripe. 
 

While we do not store your credit card information ourselves, nor will we be able to view your entire credit card number, we will have the ability to bill your credit card via Stripe. Stripe may also display your card holder information to us, such as the name on your credit card, expiration date and billing address. 
 

In order to facilitate payment on the Brain Pick App, you may be required to hold a Stripe account or provide us, or Stripe, with your banking and payment information. 
 

The Use of Your Personal Information
 

The collection of your personal information may also be used to:
 

  • Facilitate the operation of the Website and Brain Pick App, including providing your personal information to third-party service providers, contractors and other users;
     

  • Verify your contact information; 
     

  • Confirm your identity;
     

  • Promote our Website and service offerings to you in various forms of communication;
     

  • Provide user support;
     

  • To provide to authorities, such as the police, where we believe it reasonably necessary, in urgent circumstances, to protect your safety or the safety of other users;
     

  • To find ways to improve our applications and services;
     

  • Send you push notifications to your mobile device, if you have enabled such notifications; 
     

  • Communicate with you about your account and updates related to the Brain Pick App;
     

  • Bill and collect money owed to us;
     

  • Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
     

  • Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;
     

  • To meet legal requirements; and
     

  • To enforce compliance with any terms and conditions and applicable law.
     

IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND PERSONAL INFORMATION UPLOADED, STREAMED ON OR COLLECTED BY OUR WEBSITE, BRAIN PICK APP OR OTHERWISE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
 

IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION. 
 

The Disclosure of Your Personal Information and Access to It

 

We also operate the Website and Brain Pick App in conjunction with our independent contractors and third-party service providers.  Our independent contractors and service providers may have access to, and store your personal information in providing services to us or providing you with access to the Website and Brain Pick App.  We may use a variety of service providers, servers, online software providers and employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.

 

Third-party service providers may have their own privacy policies on the collection and use of your information which either we or you provide them. As of the last revision date of this Privacy Policy we use the following third-party service providers who may have access to, or store your personal information, by virtue of our use of their services: 
 

  • Our video call technology provider is Twilio Inc. and their related entities. They facilitate each video call made via the Brain Pick App. Both Twilio Inc. and us will have access to call details, including metadata, which we use to determine billing rates between users based on call duration. For more information on their privacy practices please see https://www.twilio.com/legal/privacy;
     

  • Our email and data hosting providers include Google LLC together with their affiliated entities worldwide. For more information on their privacy practices please see https://policies.google.com;
     

  • We also use Compose, an IBM Company, as a hosting provider for the Brain Pick App  database, which may log person information (such as your name, job title and company) or metadata about your use of our services. For more information on their privacy practices please see https://www.ibm.com/privacy/us/en/
     

  • We also use Amazon Web Services, Inc. and their affiliates (“AWS”) to store certain personal information including, for example, where you elect to upload profile photos or government issued identification to verify your ID, the files may be stored with AWS and sent to Stripe.  For more information the AWS’s privacy practices please see https://aws.amazon.com/privacy/?nc1=f_pr; and
     

  • Our data analytics processor is Datadog, Inc., who, in providing services to us, may log portions of your personal information. For more information on their privacy practices please see https://www.datadoghq.com/legal/privacy/.
     

We may also disclose your personal information to our successors (if our business or the Brain Pick App is acquired by another legal entity) or any assignee of our assets relating to the Website or Brain Pick App.

 

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

 

Retention of Your Personal Information

 

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. Please contact us if you would like us to delete any of your personal information associated with your account. Third-party providers may have their own data retention policies. 

 

Inquiries

 

If you believe that we have not adhered to this Privacy Policy or would like to request an amendment to your personal information being held by us, please contact our Privacy Officer by e-mail sent to support@brainpick.com. Only amendments which can be verified by us will be accepted. 

 

Use of Cookies and our Cookie Policy

 

We use cookies on our Website and the Brain Pick App. This Cookie Policy explains what cookies are, how we use them and how third-party providers may also use cookies on, or in connection with our Website and Brain Pick App

 

What are Cookies?

 

Cookies are small text files sent to and automatically downloaded by your web browser (assuming you have cookies enabled) when you visit our Website and Brain Pick App. A cookie file is stored in your web browser and allows our Website and third-party software providers we use to recognize you and track your activity across our and other websites.

 

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer  (in your browser files), while session cookies are deleted as soon as you close your web browser.

 

Can you block the use of Cookies?

 

Most web browsers allow you to disable the use of cookies. However, our Website or certain components of our Website may not operate properly, and you may not be able to access and use our Website if you disable cookies. 

 

Can you delete Cookies once downloaded?

 

Most web browsers also permit you to delete cookies downloaded from accessing our Website. This is typically done via your web browser’s settings, which vary depending on which web browser you use. For details on managing cookies settings using: 

 

 

How we use Cookies

 

Our use of cookies is primarily to analyze how you use our Website, for instance, which pages you visit most often and where you found our Website online. This helps us better understand your user experience and other statistic which we may use to provide a better user experience in future updates to our Website.

 

For example, cookies are used in connection with our use of Google LLC’s Google Analytics. For more information on Google Analytics and how cookies are used by Google Analytics, see Google LLC’s information page at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

 

We, or third-party software providers, may also use cookies on our website to (i) remember choices you have made on the Website, such as your language of preference or region; and (ii) target advertising or to customize advertising across various websites (not just our own).