PRIVACY POLICY
Last Update: October 28, 2022

1. Scope
We care about your online privacy. This Privacy Policy (the “Policy”) describes our practices with respect to collection, use, disclosure, and protection of your information when you visit https://www.brisatherapeutics.com (the “Site”) and/or Brisa Therapeutics (the “App”). The Site and the App are collectively referred to herein as the “Platform.”
Note that this Policy is only valid on our Platform, not any third party networks, even if they are referenced on our Platform. It is your responsibility to familiarize yourself and comply with any relevant third party networks.
If you visit our Platform, that signifies your legal acceptance of the Policy. You must exit the Platform if you do not agree with any provision(s) of this Privacy Policy. We reserve the right to change this Policy at any time at our sole discretion. The effective date of the last update is at the top of this page, so visit it occasionally to see if there are any changes.

2. Collection of User Data
Here are the types of information regarding the Platform users we may collect:
a. Personal Info:
Name.
Email.
Address.
b. Payment Information.
c.Communications: if you contact us for any reason, we will receive whatever information you voluntarily provide (e.g., your feedback, ratings and reviews).
d. Your Devices: device identifiers, phone manufacturer and carrier, browser, IP address, operating system version, mobile advertising identifiers, application installations.
e. Platform Interaction: we see what content our Platform users access, when and how they interact with the Platform content/pages.

3. Use of Data
We use the collected data for the following purposes:
a. To provide the services and/or information that you have asked for.
b. To send our newsletter but you can unsubscribe.
c. To respond to a court order, regulatory request or legal process.
d. To enforce our rights, carry out our obligations, prevent fraud, facilitate disputes between users.
e. To accomplish any other purpose for which the information was provided.

4. Disclosure of Data
In addition to sharing your data as described above, we may disclose the collected personal information as follows:
a. In case there is a sale, merger or other transfer in the ownership of our Platform, the successor will receive personal information about our Platform users along with the assets transferred.
b. To our contractors, business partners, third party service providers and other entities or individuals who provide support for our Platform. For example, integration and API partners.
c. If we decide that disclosure is appropriate to protect the property, safety, rights of the Platform, its users or the public.
d. Aggregated, anonymized information that does not identify any particular user can be disclosed without restriction.

5. Cookie Policy
Cookies are small bits of text data placed on your device when you visit sites. Cookies record data about your activity, such as which pages you view and what you click on. Cookies assist our Platform to recognize your device when you return. For example, cookies can help us to remember your preferences, username, analyze the performance of our Platform and recommend content that may be most relevant to your interests.
Here are the reasons we may use cookies:
a. Analytics. This type of cookies shows us which pages users view, which links are popular, etc. These cookies only provide anonymized information that does not identify anybody personally. This information is then bundled with the similar information from the other users, so that we can analyze the general usage patterns.
b. Essential cookies. These are necessary to provide the services that you have asked for. Without these essential cookies, our Platform would not be able to operate. They are necessary to enable users to navigate through the Platform and use its main features. E.g., essential cookies identify registered users so that they can access member-only areas of the site. Essential cookies keep users logged in. If a subscriber disables essential cookies, that subscriber won’t be able to get to all of the content that a subscription entitles them to. These cookies don’t collect information that could be utilized for the purposes of marketing or figuring out what places on the internet you have visited.
c. To show relevant advertising. If we allow ads on our Platform, they can contain cookies in order to provide ads most relevant to your interests. They can also help limit the number of times you see a particular ad and to assess the effectiveness of the advertising campaign.
d. To improve your browsing experience. This type of cookies enables the site to remember users’ preferences and settings, such as geographic region or language. They can also be used to restrict the number of times an ad is shown, to remember which forms you have already filled in, so that you don’t have to do it again.
e. To implement tracking technology on our Platform. This tracking does not use your personal information; it uses deidentified data (i.e., data that cannot be tied specifically to you). We will not combine this data with your other personal information without your prior express permission.
There is a way to turn off cookies by going to your browser’s Help or Settings menu. However, keep in mind that disabling cookies may limit your use of the Platform and/or delay or affect the way in which it operates.

6. Data Security
Only our administrators are allowed to access our Platform’s password-protected server where your personal information is stored. We utilize SSL. However, any transmission of information over the Internet has its inherent risks, so we cannot guarantee the absolute security of your personal information. Transmit personal information over the Internet at your own risk. We shall not be liable for circumvention of security measures or privacy settings on the Platform. It is your responsibility to keep your login credentials, if any, confidential.

7. Children’s Privacy
We do not knowingly collect any personal information about children under the age of 13. Our Platform is not directed to children under the age of 13. If we become aware that a child under 13 has provided any personal info, it will be erased from our database as soon as reasonably possible, except when we need to keep that information for legal purposes or to notify a parent or guardian. However, portions of this data may remain in back-up archives or web logs even after we erase it from our databases. If a parent or guardian believes that a child has sent us personal information, send us an e-mail.

8. Users’ Rights, CCPA
a. We will not share your personal information with third parties for their direct marketing purposes to the extent it is forbidden by law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance. California law requires that operators of online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the online service that a user visits, indicating that the user does not wish to be tracked. At this time we do not respond to Do Not Track signal.
b. You can request disclosure of your information collected by us by writing to the email at the end of this Policy. We will then provide the requested information, its sources and purposes of use, in a portable and easily accessible format within 45 days of the request.
c. You have the right to request deletion of your personal information from our systems by submitting a request to the email at the end of this Policy.
d. You have the right to nondiscrimination for exercising your rights. That means you cannot be denied goods or services, charged different prices, or provided different quality of goods/services for asserting your legal rights.

9. International Transfer
We process your personal information in the Unites States. This is where it will be transferred to in case you are located somewhere else. By submitting any personal information to us, you agree to its transfer to and processing in the Unites States.

10. EU Users’ Rights
This section of our Privacy Policy applies to the users of our Platform in the European Union. We would like to inform you about your GDPR rights and how we safeguard them.
a. Your GDPR rights to be informed, to access, rectify, erase or restrict the processing of your personal information. You have the right to obtain free information about what personal data we have obtained about you, where it is stored, for how long, for what purposes it is used, to whom it was disclosed. You have the right to have us, without undue delay, rectify of inaccurate personal data concerning you. That means you can request we change your personal data in our records, or have your incomplete personal data completed. You have the “right to be forgotten,” i.e. to have us delete your personal information, without undue delay, if the data is no longer necessary in relation to the purposes for which it was collected. However, GDPR gives us the right to refuse erasure if we can demonstrate compelling legitimate grounds for keeping your information.
b. GDPR gives you the right to restrict processing if any of the following applies:
i. If you contest the accuracy of your personal data, we will restrict processing it for a period enabling us to verify its accuracy.
ii. The processing is unlawful and you oppose its erasure and request instead the restriction of its use.
iii. We no longer need your personal data for the purposes of the processing, but you require us to restrict processing for the establishment, exercise or defense of legal claims.
iv. You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether our legitimate grounds override yours.
c. Right to data portability. Upon request, we will provide you your personal data in our possession, in a structured, commonly used and machine-readable format. You have the right to transmit that data to another controller if doing so does not adversely affect the rights and freedoms of others.
d. Right to object. You can object, on grounds relating your particular situation, at any time, to processing of your personal information, if based on point (e) or (f) of Article 6(1) of the GDPR. We will then have to stop processing, unless we can demonstrate compelling legitimate grounds for the processing. If you object to the processing for direct marketing purposes, we will have to stop processing for these purposes.
e. Right to withdraw consent. GDPR grants you the right to withdraw your earlier given consent, if any, to processing of your personal data at any time.
f. Rights related to automated decision making. As a responsible business, we do not rely on any automated decision making, such as profiling.

11. Accessing and Correcting Your Personal Information
You can view and edit some of your account information yourself after logging in. If you terminate account, we may retain some information for as long as necessary to evaluate Platform usage, troubleshoot issues, resolve disputes and collect any fees owed. If you have any questions or wish to ask to access, modify or delete any of your personal data on our Platform, please contact us. Note that we can deny your request if we think it would violate any law or cause the information to be incorrect.
[email protected] 

TERMS AND CONDITIONS

Last Update: October 29th, 2022

1. ACCEPTANCE

These Terms and Conditions (the “Terms”) govern your visits to www.brisatherapeutics.com (the “Site”) and/or Brisa Therapeutics mobile application (the “App”). The Site and the App are referred to collectively herein as the “Platform.” Brisa Therapeutics LLC (“we,” “us,” or “our”) owns and operates this Platform.  The term “you” refers to any user of the Platform.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.

2. NEUTRAL VENUE
3. Description. The Platform is a guided online wellness program that includes specialized and effective toolkits such as videos and demos, guided audio exercises, eBooks, eJournals, images, and more. Anxiety, depression, addiction, chronic pain, ADHD, PTSD, intrusive thoughts, panic attacks, negative thinking, physical difficulties, and other disorders are all addressed by our program. It also provides assistance with general wellness, performance improvement, goal attainment, and positive enlightenment to help you become your healthiest and most powerful self regardless of your level of expertise.
4. Neutral Venue. Our role is limited to providing educational content on an “as is” basis, to be relied at your own risk. We shall not be held liable for what users decide to do with the information presented on our Platform.
5. No Medical Advice. This Platform is for general informational purposes only. Nothing here constitutes medical advice. The materials presented in no way substitute
   medical counselling. You must not avoid or delay medical treatment because of anything contained on our Platform.
6. Testimonials. The Platform includes testimonials from people who have used our products and/or services. These testimonials represent the users’ actual experiences and views. However, the experiences are unique to specific users and may not be reflective of other users of our products and/or services. We cannot guarantee, and you should not expect, that all users will have the same experience. Individual outcomes may differ. The testimonials on the Platform are not meant to be, and should not be interpreted as, statements that our products and/or services may be used to diagnose, treat, mitigate, cure, prevent, or otherwise treat any illness or medical condition. There have been no clinical trials or evaluations of testimonies.
7. Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
8. DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
9. Third Parties. The Platform contains references to third party websites, software and supporting services. We shall not be liable for any third party venues and do not guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.

3. AFFILIATE DISCLOSURE

This Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.

4. INTELLECTUAL PROPERTY
5. Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
6. Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
7. Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to brisatherapeutics@gmail. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material or link you claim is infringing.

• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

1. Include both of the following statements in the body of your report:

• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
• “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

1. Provide your full legal name and your electronic or physical signature.

5. ACCEPTABLE USE POLICY

By visiting this Platform, you represent and agree that:

1. You have a full capacity to enter into a legally binding agreement, such as these Terms.
2. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
3. All sales are final. You can cancel your membership at any time but we will not issue refunds.
4. You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
5. You will ask for our permission before copying anything from our Platform for republication.
6. You will not use our Platform for anything illegal.
7. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
8. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
9. You will not impede the proper functioning of the Platform.

6. CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

7. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
9. EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
10. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

10. ARBITRATION; CLASS ACTION WAIVER
11. Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    The arbitration shall be governed by the laws of the State of Texas. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
12. Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

11. APPLE APP STORE

By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

1. Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
3. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
4. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
6. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
8. Apple, Apple Watch, iPhone, and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries.

12. GOOGLE PLAY

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

1. to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
2. you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.

13. GENERAL
14. Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
15. Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
16. Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
17. Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
18. Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
19. Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
20. Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
21. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

14. CONTACT US

Please address your questions and feedback to:

[email protected]