Privacy Policy

BrainFx Inc. and BrainFx USA Inc. (BrainFx) are committed to protecting the privacy rights of all persons with whom it deals. We will take every reasonable step to maintain the security and confidentiality of your personal information.

This Privacy Policy applies to your use of the BrainFx Platform which includes – but is not limited to – the BrainFx 360 software for mobile devices, the BrainFx Screen software for mobile devices, the BrainFx Platform Administrative websites and the BrainFx Corporate Website (located at [http://35.183.121.34/]  and referred to within this Privacy Policy as the “Website”). These softwares, our services and our websites are collectively referred to within this Privacy Policy as “the Platform”.

Please note that the most up to date version of our Privacy Policy for the Platform may be located and viewed at any time at the “Website” with the direct web address for the Privacy Policy being: http://35.183.121.34/privacy-policy/.

BrainFx Inc. is accountable for all personal information under its care and control.

Any questions or comments about this Privacy Policy or the handling by BrainFx of any personal information should be directed to our Privacy Officer who will take all appropriate measures to resolve any problem or to answer any privacy-related questions.

The Privacy Officer can be reached at privacy@brainfx.com or by mail at:

Attention: Privacy Compliance Officer

BrainFx Inc.

1400 Bayly Street, Unit 13A

Pickering, Ontario L1W 3R2, Canada.

If a satisfactory answer has not been provided by such person, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Place de Ville, Tower B, 3rd Floor, Ottawa, Ontario, K1A 1H3, 1-800-282-1376. If BrainFx holds personal information which can be established to be inaccurate, reasonable steps will be taken to correct such information.

The right to access personal information is not absolute and access may be denied in one (1) or more of the following circumstances:

• BrainFx is required or authorized by law to do so;
• the information relates to existing or anticipated legal proceedings against an individual;
• the granting of access would have an unreasonable impact on the privacy of others;
• in order to protect the rights and/or property of BrainFx; or
• in the event that the request is frivolous or vexatious.

If access is denied, BrainFx will explain the reason(s) behind such refusal, as applicable.

If you contact us by email through one of our websites or other communication channels as made available through the Platform, we may keep a record of your contact information and correspondence and may use your email address and any information that you provide to us in your message to respond to you.

Our collection, use and disclosure of your personal information is intended to:

• confirm an individual is eligible to receive any products and services;
• understand your needs and provide you an improved experience on the Platform;
• protect against Platform errors, theft, damage and fraud; and
• satisfy all legal, regulatory, processing or security requirements.

Unless identified in this Privacy Policy or otherwise as required by law, BrainFx will not provide your personal information to third parties in such a way that would disclose your identity.

While our Platform may contain links to external and/or third party websites; please be aware that we are not responsible for the practices or the content of such sites or the treatment of your personal information on those sites.

By using the Website, you expressly consent to the various collection, use and disclosure of your personal information as summarized in this Privacy Policy. In some cases, consent may be implied by using or not using checkboxes on digital software and website forms, electronically, orally or by your conduct, such as through the use of a product or service. We collect personal information by fair and lawful means. Should you choose, at any time, to withdraw your consent, you must immediately contact BrainFx’s Privacy Compliance Officer in writing.

If BrainFx wishes to make use of your personal information collected through its Website for a new purpose, it will seek your consent for such new purpose.

Limits for Collecting, Using, Disclosing and Retaining Personal Information

BrainFx, unless required or permitted by law, does not collect, use or disclose personal information except when it has obtained consent.

In all cases, BrainFx limits the amount and type of information collected to that which is necessary to meet the purposes described above. BrainFx undertakes to keep all personal information it collects strictly secure and confidential through the use of technology safeguards (such as password-protected computers and firewalls). Unfortunately, no data transmission over the Internet or by electronic mail can be guaranteed to be 100% secure and, as a result, BrainFx cannot and does not ensure or warrant the security of any information transmitted to us electronically.

The personal information we receive from you will be retained by us only as long as necessary in order to fulfill the purposes described in this Privacy Policy or as required by law.

This Privacy Policy is subject to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) as well as any other privacy laws as may be applicable to your specific use of the Platform and thus, BrainFx reserves the right to change, modify, add, update or remove any portion of this Privacy Policy as may be necessary at any time, acting in its sole discretion. If we decide to make any changes to this Privacy Policy, we will post those changes to the Website at [http://35.183.121.34/privacy-policy/], and such changes will be effective immediately upon posting; you are advised to check the Website on a regular basis for changes to the Privacy Policy.

Last Updated: June 10th, 2019.

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Important Information: BrainFx Assessments only provide information about neurofunctional performance. Assessment results detail the patient/client's performance on assessment activities completed and only assist the health care team in identifying potential areas of strength or challenge as related to function. Assessments DO NOT provide any diagnosis or treatment recommendations. BrainFx Assessments are only permitted to be delivered by trained clinicians. Assessment reports are not stand-alone and require the interpretation of a health professional within their scope of practice and in the context of all information that they have gathered about their patient/client. In Canada, BrainFx Assessments are cleared by Health Canada as a Class 1 Software as a Medical Device. BrainFx Assessments and the statements made on this website have not been evaluated by any other regulatory bodies. Assessments are not intended to diagnose, treat, cure, or prevent any disease. Information provided by BrainFx is not a substitute for face-to-face consultation with your health care professional and should not be construed as individual medical advice.