Privacy Policy

We have updated the Posit Science Privacy Policy as of 06/06/12.

INTRODUCTION

This Privacy Policy applies to information that users transmit to Posit Science® through the Posit Science website at www.positscience.com.

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 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.

If you have questions or complaints regarding our privacy policy or practices, please contact us by email at customerdelight@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 personally identifiable information collected include your Internet Protocol (IP) address, full name, credit card information, billing and shipping addresses, email address, telephone number, and additional contact and transaction-related information, as well as any additional information you choose to include in communications to us. In addition, we collect demographic information such as year of birth, educational level and gender. 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 also collect third party personal information on our site, such as name and mailing address. This information is only used for the purpose for which it is collected for.

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. Personally Identifiable Information as used in this Privacy Policy does not include Protected Health Information (defined below).

Protected Health Information
"Protected Health Information" or "PHI" means "individually identifiable health information" that we create or receive as a "business associate" of a health insurance plan or other "covered entity," as those terms are defined in the privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Posit Science will use or disclose PHI only as permitted by those rules and other applicable law. For example, Posit Science will not use or disclose your PHI to market products or services to you. If you receive marketing or promotional information from Posit Science this will be as a result of our use of your Personally Identifiable Information received by us independent of any PHI we receive about you, and in accordance with the terms of this Privacy Policy.

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 non-personally identifiable information to help manage and improve our Sites, Software, services, and communications regarding our products and services, in general and for you in particular; 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. No personally identifiable information will be collected via this tool.

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, are linked to your personally identifiable information, and are linked to your preferences so we can display content appropriate for you and your interests.

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

Clear Gifs (Web Beacons/Web Bugs)
We employ [or our third party advertising partner employs] a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information. To learn more about our advertising company’s use of clear gifs, please go to http://www.comscore.com/About_comScore/Privacy_Policy.

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. If you would like to opt out of these materials at any time, you can unsubscribe by clicking on the "unsubscribe" link in the email.

We enhance or merge Personally Identifiable Information with your other information supplemented with data from third parties in order to better market and communicate about and provide our products, services and software.

LIMITED DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES

At times, we contract with vendors to provide you with certain of our services. Before we begin working with these companies, we enter into contractual agreements which require these companies maintain the confidentiality of your Personally Identifiable Information and which restrict the use of this information to the purpose specified by our contractual relationship. Examples of the types of companies and the purposes of these agreements include:

• 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
• Advertising and marketing agencies to help sell and market our own products, services and software;
• Vendors that help us with data analysis, for example for product efficacy studies and market analysis.

We do not share, sell, rent or trade your personally identifiable information with third parties for marketing purposes.

We reserve the right to disclose personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

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. When feasible, we will take commercially reasonable steps to limit the disclosure of Personal Identifiable Information during the preparatory stages of a change of ownership, and in all cases Protected Health Information will be disclosed only as permitted by applicable law.

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. If you would like to edit the personally identifiable information we have collected about you, please contact us as described below.

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/Testimonials
If you use our community forum on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these 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.

We also have testimonials on our site, for which participants have given permission to show their full name.

MORE ON PRIVACY

Co-branded sites
Some pages may have the look and feel of being other sites, includingdrivesharp.positscience.com, positscience.com/thehartford, and positscience.com/thehartfordds. The information collected on these pages is covered under this privacy statement.

At times we may enter into co-branded relationships. When we enter into these types of relationships, we pay careful attention to the privacy of our customers. We would only share personally identifiable information with a co-branded partner if it necessary to send the product to you or provide you with a training incentive. In those cases where we capture training data for use by a partner, the data are passed anonymously to the partner via a third party data matching service.

Our privacy statement applies to the information collected on these co-branded sites. You should also review the privacy statement of our co-branded partner.

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 customerdelight@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
The security of your personal information is important to us. When you enter sensitive information to make a purchase we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at customerservice@positscience.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

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
Posit Science is located in the United States of America. If you live outside of the United States, by visiting our Sites and providing us with data, you acknowledge and agree that your data may be transmitted to the United States which is 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

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

The most current version of the Privacy Policy can be found at www.positscience.com/privacy

CONTACT

We welcome inquiries or comments about our Privacy Policy and any queries or concerns about Posit Science by email at customerdelight@positscience.com or by phone at 800-514-3975 (international users please us 1-415-373-5685).

Our mailing address is:
Posit Science
77 Geary Street, Suite 303
San Francisco, CA 94108