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Terms of Use

Environmental Brain Health Clinics of America, LLC (“EBHCA”) provides a subscription service that allows our members to access informational and educational content ("EBHCA content") over the Internet on certain Internet-connected devices.

The EBHCA service is provided by Environmental Brain Health Clinics of America, LLC. You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "EBHCA service," "our service," or "the service" means the service provided by EBHCA for discovering and accessing EBHCA content, including all functionalities, our website, and user interface, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the EBHCA account and whose payment method is charged.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH EBHCA (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

  1. Membership

    1.1. Your EBHCA membership will continue and automatically renew until terminated. To use the EBHCA service you must have Internet access and device capable of accessing the EBHCA service, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).

    1.2. We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your EBHCA membership by visiting the EBHCA GetHealthie portal and clicking on the "Account" link available at the top of the pages under your profile name. 

  2. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by EBHCA at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent EBHCA membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent EBHCA membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

 

  1. Billing and Cancellation

    3.1. Billing Cycle. The membership fee for the EBHCA service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the EBHCA website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for EBHCA using your account with a third party as a Payment Method, you can find the billing information about your EBHCA membership by visiting your account with the applicable third party.

    3.2. Payment Methods. To use the EBHCA service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

    3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

    3.4. Cancellation. You can cancel your EBHCA membership at any time and you will continue to have access to the EBHCA service through the end of your billing period. To cancel, go to the "Account" page on our EBHCA website and follow the instructions for cancellation.  If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. 

    3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

    3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

  1. EBHCA Service

    4.1. You must be at least 18 years of age to become a member of the EBHCA service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

    4.2. The EBHCA service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your EBHCA membership, we grant you a limited, non-exclusive, non-transferable right to access the EBHCA service and EBHCA content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

    4.3. You may access EBHCA content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available may vary by geographic location and will change from time to time. Not all EBHCA content may be available in the ad-supported subscription plan. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page. 

    4.4. You agree to use the EBHCA service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

 

(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the EBHCA service;

(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the EBHCA service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

(iii) use any robot, spider, scraper or other automated means to access the EBHCA service;

(iv) insert any code or product or manipulate the content of the EBHCA service in any way;

(v) use any data mining, data gathering or extraction method;

(vi) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EBHCA service, including any software viruses or any other computer code, files or programs.

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.5. The quality of the display of the EBHCA content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Resolution may be subject to your Internet service and device capabilities. Not all content is available in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. EBHCA makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching EBHCA content will vary based on a number of factors, including your location, available bandwidth at the time, the EBHCA content you have selected and the configuration of your device.

4.6. The EBHCA website and software is developed by, or for, EBHCA and may solely be used for authorized access content from EBHCA. By using our service, you agree to receive, without further notice or prompting, updated versions of the EBHCA website and software, and related third-party software. If you do not accept the foregoing terms, do not use our service.
 

  1. Passwords and Account Access. You are responsible for any activity that occurs through the EBHCA account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account-related notices. We can terminate your account or place your account on hold in order to protect you, EBHCA or our partners from identity theft or other fraudulent activity. EBHCA is not obligated to credit or discount a membership for holds placed on the account. If your device is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the EBHCA service through your account and may be able to access certain of your account information.

 

  1. Disclaimers of Warranties and Limitations on Liability

    6.1. THE EBHCA SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EBHCA SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EBHCA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EBHCA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

    6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EBHCA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    6.3. DEPENDING ON YOUR SUBSCRIPTION PLAN, YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS ON THE EBHCA SERVICE. EBHCA DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT EBHCA IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

    6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

  1. Arbitration Agreement

    7.1. You and EBHCA agree that any dispute, claim or controversy arising out of or relating in any way to the EBHCA service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EBHCA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your EBHCA membership.

    7.2. If you elect to seek arbitration or file a small claim court action, you must first send to EBHCA, by certified mail, a written Notice of your claim ("Notice"). The Notice to EBHCA must be addressed to: General Counsel, Environmental Brain Health Clinics of America, LLC, 6101 Chapel Hill Blvd., Suite 206, Plano, TX 75093 ("Notice Address"). If EBHCA initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by EBHCA, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If EBHCA and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EBHCA may commence an arbitration proceeding or file a claim in small claims court.

    7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. You will be responsible for paying your filing fees.

    7.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless EBHCA and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

    7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of EBHCA's last written settlement offer made before an arbitrator was selected (or if EBHCA did not make a settlement offer before an arbitrator was selected), then EBHCA will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

    7.6. YOU AND EBHCA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EBHCA agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

  1. Miscellaneous

    8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

    8.2. Unsolicited Materials. EBHCA does not accept unsolicited materials or ideas for EBHCA content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EBHCA. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EBHCA and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

    8.3. Feedback. EBHCA is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the EBHCA service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the EBHCA service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

    8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the EBHCA Help Center, which is accessible through the EBHCA GetHealthie portal accessible to all subscribers of content and patients. For all other inquiries, please use the Contact Us form. 

    8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    8.6. Changes to Terms of Use and Assignment. EBHCA may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable EBHCA service.

    8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Last Updated: November 18, 2023

Privacy

This Privacy Statement explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information in connection with the EBHCA service.

To see our California Consumer Privacy Act (CCPA) Privacy Notice, please click on the link, simply scroll down.

Contacting Us

If you have general questions about your account or how to contact customer service for assistance, please visit our online help center at Support@Clearmybrain.com. For questions specifically about this Privacy Statement, or our use of your personal information, cookies or similar technologies, please contact our Data Protection Officer/Privacy Office by email at Privacy@Clearmybrain.com.

 

The data controller of your personal information is Environmental Brain Health Clinics of America, LLC. Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.

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Collection of Information

We receive and store information about you such as:

  • Information you provide to us: We collect information you provide to us which includes:

    • your name, email address, address or postal code, payment method(s), telephone number, and other identifiers you might use, including gender and date of birth. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions;

    • information when you choose to provide account settings (including preferences set in the "Account" section of our GetHealthie portal or otherwise provide information to us through our service or elsewhere.

  • Information we collect automatically: We collect information about you and your use of our service, your interactions with us and our advertising, as well as information regarding your network, network devices, and your computer or other devices you might use to access our service. This information includes:

    • your activity on the EBHCA service, such as title selections, shows you have watched, ads viewed (if applicable), search queries, and activity in EBHCA games;

    • your interactions with our emails and texts, and with our messages through push and online messaging channels;

    • details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;

    • device IDs or other unique identifiers, including for your network devices (such as your router), and devices that are EBHCA capable on your network;

    • resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and streaming media devices that include such identifiers (see the "Cookies and Internet Advertising" section below for more information);

    • device and software characteristics (such as type and configuration), connection information including type (wifi, cellular), statistics on page views, referring source (for example, referral URLs), IP address (which can be used to tell us your general location, such as your city, state/province, and postal code), browser and standard web server log information;

    • information collected via the use of cookies, web beacons and other technologies, including ad information (such as information on the availability and delivery of ads, the site URL, as well as the date and time). (See our "Cookies and Internet Advertising" section for more details.)

  • Information from partners: We collect information from other companies with whom you have a relationship (“Partners”). These Partners might include (depending on what services you use): your TV or internet service provider, or other streaming media device providers who make our service available on their device; mobile phone carriers or other companies who provide services to you and collect payment for the EBHCA service for distribution to us or provide pre-paid promotions for the EBHCA service; and voice assistant platform providers who enable interaction with our service through voice commands. The information Partners provide us varies depending on the nature of the Partner services, and may include:

    • search queries and commands applicable to EBHCA that you make through Partner devices or voice assistant platforms;

    • service activation information such as your email address or other contact information;

    • IP addresses, device IDs or other unique identifiers, as well as associated pre-paid promotion, billing and user interface information, that support user authentication, the EBHCA service registration experience, Partner payment processing, and the presentation of EBHCA content to you through portions of the Partner user interface.

  • Information from other sources: We also obtain information from other sources. We protect this information according to the practices described in this Privacy Statement, plus any additional restrictions imposed by the source of the information. These sources vary over time, but could include:

    • service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Statement;

    • security service providers that provide us with information to secure our systems, prevent fraud and help us protect the security of EBHCA accounts;

    • payment service providers that provide us with payment or balance information, or updates to that information, based on their relationship with you;

    • advertisers that run ad campaigns on EBHCA website (“Advertisers”) that might provide us with: identifiers (for example, cookies or resettable identifiers); and information about your interests, including demographic information and your activities online (such as websites visited, apps used and ads viewed);

    • service providers that facilitate the sale, operations, and management of ads, in the context of our ad-supported subscription plans (“Ad Service Providers”);

    • ad measurement companies that support EBHCA and Advertisers in understanding the effectiveness of ad campaigns run on EBHCA (“Ad Measurement Companies”);

    • online and offline information providers to support our ad-supported subscription plans;

    • publicly-available sources such as publicly available posts on social media platforms and information available through public databases associating IP addresses with internet service providers (ISPs).

 

Use of Information

We use information to provide, analyze, administer, and enhance our services and marketing efforts, to process your registration, your orders, and your payments, and to communicate with you on these and other topics. For example, we use such information to:

  • provide you with viewing recommendations we think will be of interest to you (collectively “content”);

  • determine your general geographic location (such as your city, state/province, and postal code);

  • provide localized content;

  • determine your ISP to support network troubleshooting for you (we also use aggregated ISP information for operational and business purposes);

  • help us quickly and efficiently respond to inquiries and requests;

  • coordinate with Partners on making the EBHCA service available to members and providing information to non-members about the availability of the EBHCA service, based on the specific relationship you have with the Partner;

  • secure our systems, prevent fraud and help us protect the security of EBHCA accounts;

  • prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our terms (such as determining whether and for which EBHCA signup offers you are eligible and determining whether a particular device is permitted to use the account consistent with our Terms of Use); 

  • analyze and understand our audience, improve our service (including our user interface experiences and service performance) and optimize content or ad selection, recommendation algorithms and delivery;

  • communicate with you concerning our service so that we can send you news about EBHCA, details about new features and content available on EBHCA, special offers, promotional announcements, consumer surveys, and to assist you with operational requests such as password reset requests. These communications may be by various methods, such as email, push notifications, text message, online messaging channels, and matched identifier communications (described below). Please see the "Your Choices" section of this Privacy Statement to learn how to set or change your communications preferences.

 

Disclosure of Information

We disclose your information for certain purposes and to third parties, as described below:

  • EBHCA: We share your information within EBHCA as needed for: providing you with access to our services; providing customer support; making decisions about service improvements; content development; and for other purposes described in the Use of Information section of this Privacy Statement.

  • Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, security, infrastructure and IT services, to optimize our service, to provide bank account or balance information, to process credit card transactions or other payment methods, to provide customer service, to analyze and enhance information (including information about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services (which includes maintaining and improving their services).

  • Partners: As described above, you may have a relationship with one or more of our Partners, in which case we may share certain information with them in order to coordinate with them on providing the EBHCA service to members and providing information about the availability of the EBHCA service. For example, depending on what Partner services you use, we may share information:

    • in order to facilitate Partner pre-paid promotions or collection of payment for the EBHCA service for distribution to us;

    • with Partners who operate voice assistant platforms that allow you to interact with our service using voice commands;

    • so that content and features available in the EBHCA service can be suggested to you in the Partner’s user interface. For members, these suggestions are part of the EBHCA service and may include customized and personalized viewing recommendations.

  • Advertisers/Ad Measurement Companies: We may share information collected from or about you with Advertisers and/or Ad Measurement Companies to select advertisements, and measure and improve advertising effectiveness.

  • Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

  • Protection of EBHCA and others: EBHCA and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of EBHCA, its users or the public, as required or permitted by law.

  • Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Statement.

 

Whenever in the course of sharing information we transfer personal information to other countries, we will ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection. Certain portions of our service may contain a tool that gives you the option to share information by email, text message, and social or other sharing applications.

 

Giving Others Access To Your Account

If you share or otherwise allow others to have access to your account, they may be able to see the content you have watched and your account information (including your email address or other information in the "Account" area of our website).

Your Choices

 

Email and Text Messages. If you no longer want to receive certain communications from us via email or text message, simply access the "Communications Settings" option in the "Account" section of our website and uncheck those items to unsubscribe. Alternatively, click the "unsubscribe" link in the email or reply STOP (or as otherwise instructed) to the text message. Please note that you cannot unsubscribe from service-related correspondence from us, such as messages relating to your account transactions.

 

Cookies and Internet Advertising

We and our Service Providers use cookies and other technologies (such as web beacons) for various reasons. We want you to be informed about our use of these technologies, so this section explains the types of technologies we use, what they do and your choices regarding their use.

Cookies and similar technologies, web beacons, and resettable device identifiers
Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. We use other technologies such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, these other technologies may store small amounts of data on your device. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. In many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.
 

Why does EBHCA use these technologies?

We use these types of technologies for various reasons, like making it easy to access our services by remembering you when you return; to provide, analyze, understand and enhance the use of our services; to enforce our terms, prevent fraud; to improve site performance, monitor visitor traffic and actions on our site; and to deliver and tailor our marketing or advertising, and to understand interactions with our emails, marketing, and online ads on third party sites.

To help you better understand how we use cookies, please see the information below:

  • Essential cookies: These cookies are strictly necessary to provide our website or online service. For example, we and our Service Providers may use these cookies to authenticate and identify our members when they use our websites and applications so we can provide our service to them. They also help us to enforce our Terms of Use, prevent fraud and maintain the security of our service.

  • Performance and functionality cookies: These cookies help us to customize and enhance your online experience with EBHCA. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about our visitors' use of the EBHCA service so that we can enhance and personalize our website and service and conduct market research. Deletion of these types of cookies may result in limited functionality of our service.

  • Advertising cookies: These cookies use information about your use of this and other websites and apps, your response to ads and emails, and to deliver ads that are more relevant to you.

 

When we advertise our services on other websites or apps, some of the websites and apps where we advertise, as well as advertising technology companies that we use to purchase, deliver, optimize, and/or measure our advertisements (collectively “Advertising Partners”), may receive information from us as part of our campaign targeting, measurement, and optimization (e.g., steps completed in sign-up and site visit or app open/install information). Common uses of this type of information are to judge the effectiveness of and optimize ad campaigns, by allowing Advertising Partners to see when someone who saw an ad later signed up for our service. Another common use is to make sure we do not serve ads trying to get individuals to sign up for the EBHCA service if they are already a EBHCA user. EBHCA uses contractual and technical measures designed to prevent Advertising Partners from accessing information regarding specific title selections you make, URLs you land on, or shows you have watched on our service. We do not share information about title selections or your shows you have watched on our service. 

In connection with our ad supported subscription plans, EBHCA, our Ad Service Providers, and Ad Measurement Companies can use these technologies to operate and support our ad supported subscription plans, including supporting an Advertiser’s ad campaigns, measurement, and optimization of the same.

 

How can I exercise choice regarding these technologies?

  • To exercise choice regarding cookies
    Exercising choice over cookies is specific to that web browser or device. If you subscribe to an ad supported subscription plan and wish to exercise your choices, you can exercise such choices by accessing the ad supported subscription plan controls described in the section “EBHCA Ad Supported Subscription Plan - Behavioral Advertising” above.

  • To exercise choice using self-regulatory program resources
    EBHCA supports the following self-regulatory programs, which provide additional privacy choices for behavioral advertising:

  • To exercise choice regarding other technologies
    There are a number of ways to exercise choice regarding technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.

 

Your Information and Rights

You can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. You may also request that we delete personal information that we hold about you.

 

When you visit the "Account" portion of our website, you have the ability to access and update a broad range of information about your account, including your contact information, your EBHCA payment information, and various related information about your account (such as the content you have viewed and rated). You must be signed in to access the "Account" section. 

 

For additional information about our privacy practices, please contact Privacy@Clearmybrain.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Please also see the "Your Choices" section of this Privacy Statement for additional choices regarding your information.

 

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks such as enabling fraud.

 

Retention of information: We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Privacy Statement. Specifically, we retain information for our legitimate interests and essential business purposes, such as operating, maintaining and improving our services; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing our terms of use. Our retention of information is based on many factors such as your relationship with EBHCA (for example, are you a EBHCA current member); the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

If you are a California consumer, please see our California Consumer Privacy Act (CCPA) Privacy Notice by clicking on the link, simply scroll down.

 

Security

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information.

 

Other Websites, Platforms and Applications

The EBHCA service may be provided through and/or utilize features (such as the display of social media content, or the provision of voice controls) operated by third party platforms, or contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. For example, you may be able to access the EBHCA service through platforms such as gaming systems, smart TVs, mobile devices, set top boxes and a number of other Internet connected devices, or if you subscribe to an ad supported subscription plan, ads displayed may allow you to interact with them through clicking them. These websites and platforms have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully. In addition, you may encounter third party applications that interact with the EBHCA service.

 

 

Children

You must be at least 18 years of age or older to subscribe to the EBHCA service. Minors may only use the service with the involvement, supervision, and approval of a parent or legal guardian.

 

Changes to This Privacy Statement

We will update this Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the EBHCA service after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Statement, you may cancel your use of the EBHCA service. To see when this Privacy Statement was last updated, please see the "Last Updated" section below.

 

US State (including California Consumer Privacy Act (CCPA)) Privacy Notice 

This Privacy Notice applies to consumers who reside in states that have adopted consumer privacy laws and supplements the Privacy Statement, to the extent applicable. Because of differences in certain state laws, this supplement is broken into two sections, California (CCPA) Specific Notices, applicable to California residents only, and a California (CCPA) and other State Specific Sections, that may apply to residents of one or more states with consumer privacy laws requiring such information. Such states as of the date of this Privacy Notice are California, Colorado, Connecticut, Utah, and Virginia (collectively “US State Privacy Laws”).

 

California (CCPA) Specific Notices

Personal Information We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CCPA personal information”). We collect the following categories of CCPA personal information from consumers:

  • Identifiers: “Identifiers” covers a broad range of information, including things like name, email address, postal address, telephone number, and IP address. We collect some CCPA personal information that falls into this category. For example, we’re going to have an email address, payment information (like a credit card), and a postal address. We collect IP addresses, identifiers from the devices you might use to connect, and characteristics about the networks you use when you connect to our service online (see also “Information we collect automatically” above in the Privacy Statement). These sorts of identifiers are connected to your EBHCA account. There are also identifiers we use for purposes like advertising (resettable device identifiers, third-party advertising cookies on our website) that we do not associate with your account, but that can be used to reach you with promotional messages on other websites and applications. In addition, there are identifiers (that may or may not be associated with your account) that we use for managing an ad supported subscription plan. We will also collect information such as gender, if you join an ad supported subscription plan.

  • Characteristics of protected classifications under California or federal law: This covers a broad range of information like race, sex, marital status, among other protected classes. We do collect some of this information when you register for the EBHCA service.

  • Commercial information: This includes information about products or services considered, obtained or purchased.

  • Internet or other electronic network activity information: We offer online services, so we collect CCPA personal information in this category, like your interactions with our service.

  • Geolocation data: Our online services don’t collect precise geolocation data from GPS sensors. However, we do collect IP addresses from which we can determine your general location (such as your city, state/province, and postal code).

  • Audio, electronic, visual, thermal, olfactory or similar information: We may collect photos, audio and/or video of you in certain circumstances. For example, if you contact customer service, we may record the call (voice recording).

 

Over the previous twelve months, we have collected each of the categories of CCPA personal information described above except the specific pieces of CCPA personal information collected in connection with an ad supported subscription plan (which has been available for less than twelve months as of the last update of this Privacy Notice).

 

Uses of CCPA personal information

We use each of the categories of CCPA personal information listed above for the purposes noted below. (Please see the Use of Information section of our Privacy Statement for additional details that may be of interest to you.) For ease of reference, we repeat those sections below:

We use personal information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to provide, analyze, administer, enhance and select ads in connection with our ad supported subscription plans, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use such information to: 

  • provide you with customized and personalized viewing recommendations for movies, TV shows, and games we think will be of interest to you (collectively “content”);

  • determine your general geographic location (such as your city, state/province, and postal code);

  • provide localized content;

  • determine your ISP to support network troubleshooting for you (we also use aggregated ISP information for operational and business purposes);

  • help us quickly and efficiently respond to inquiries and requests;

  • to coordinate with Partners on making the EBHCA service available to members and providing information to non-members about the availability of the EBHCA service, based on the specific relationship you have with the Partner;

  • prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our terms (such as determining whether and for which EBHCA signup offers you are eligible and determining whether a particular device is permitted to use the account consistent with our Terms of Use);

  • analyze and understand our audience, improve our service (including our user interface experiences) and optimize content selection, recommendation algorithms and delivery;

  • communicate with you concerning our service so that we can send you news about EBHCA, details about new features and content available on EBHCA, special offers, promotional announcements, consumer surveys, and to assist you with operational requests such as password reset requests. These communications may be by various methods, such as email, text message, online messaging channels, and matched identifier communications (described below). Please see the "Your Choices" section of our Privacy Statement to learn how to set or change your communications preferences.

 

Over the previous twelve months, we used each of the categories of CCPA personal information listed above for the purposes listed above. However, the specific pieces of CCPA personal information described as being used in relation to an ad supported subscription plan were not collected or used during the last twelve months (from the last updated date of this Privacy Notice).

 

Categories of CCPA personal information disclosed for a business purpose

We disclose the categories of CCPA personal information listed below for business purposes. (Please see the Disclosure of Information section of our Privacy Statement for additional details that may be of interest to you.)

  • Identifiers: We may disclose identifiers for business purposes with the following categories of third parties: Service Providers, Partners, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies. In the context of an ad supported subscription plan, certain identifiers may be shared with our Ad Service Providers, Ad Measurement Companies and Advertisers. 

  • Characteristics of protected classifications under California or federal law: We may disclose these types of characteristics for business purposes with the following categories of third parties: Service Providers, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies. In the context of an ad supported subscription plan, certain information characteristics may be shared with our Ad Service Providers, Ad Measurement Companies and Advertisers.

  • Commercial information: We may disclose commercial information for business purposes with the following categories of third parties: Service Providers, Partners, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies. In the context of an ad supported subscription plan, certain pieces of commercial information may be shared with our Ad Service Providers, Ad Measurement Companies and Advertisers.

  • Internet or other electronic network activity information: We may disclose these types of information for business purposes with the following categories of third parties: Service Providers, Partners, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies. In the context of an ad supported subscription plan, certain Internet or other electronic network activity information may be shared with our Ad Service Providers, Ad Measurement Companies, and Advertisers.

  • Geolocation data: We may disclose geolocation data for business purposes, including EBHCA’s own marketing, with the following categories of third parties: Service Providers, Partners, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies. In the context of an ad supported subscription plan, geolocation data may be shared with our Ad Service Providers, Ad Measurement Companies, and Advertisers.

  • Audio, electronic, visual, thermal, olfactory or similar information: We may disclose these types of information for business purposes with the following categories of third parties: Service Providers, Partners, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies.

  • Inferences: We may disclose these types of data for business purposes with the following categories of third parties: an entity engaged in a business transfer/merger. In the context of an ad supported subscription plan, certain inferences may be shared with our Ad Service Providers, Ad Measurement Companies, and Advertisers.

 

Over the previous twelve months, we disclosed each of the categories of CCPA personal information listed above for the business purposes as described in this Privacy Notice and our Privacy Statement. Please note that the specific pieces of personal information currently being disclosed for consumers using an ad supported subscription plan were not disclosed during the last twelve months, as this plan has been available for less than twelve months as of the last update of this Privacy Notice. 

 

Sources of CCPA personal information

We explain our sources of information in the Collection of Information section of our Privacy Statement. (Please see that section for more information that may be of interest to you.) For ease of reference, in regard to CCPA personal information these are:

  • You (the consumer) when you provide us CCPA personal information directly, and when we collect it automatically based on your interactions with us (for example, through your computer or other EBHCA capable device you might use to access our service (such as gaming systems, smart TVs, mobile devices, set top boxes, and other streaming media devices);

  • Partners (other companies with whom you have a relationship). These Partners might include (depending on what services you use): your TV or Internet service provider, or other streaming media device providers who make our service available on their device; mobile phone carriers or other companies who provide services to you and collect payment for the EBHCA service for distribution to us; voice assistant platform providers who enable interaction with our service via voice commands; third party services that you are signed into that provide functions within EBHCA games, such as multiplayer gameplay, leaderboards, and game saving options; and

  • Other sources. Service Providers who support our business including: security and payment service providers; Ad Service Providers, Ad Measurement Companies, and Advertisers; publicly-available sources, specifically, public posts on social media platforms; and information about Internet Service Providers (ISPs) used by members to access EBHCA through public databases associating IP addresses with ISPs.

 

CCPA Do Not Sell or Share My Personal Information

As of the date of this Privacy Notice, we may use certain types of information to offer members an ad supported subscription plan or engage in certain marketing activities. Under the CCPA, this activity may be considered “selling” or “sharing.” This section includes important disclosures for California residents.

 

If you do not wish for us to sell or share CCPA personal information about you, you can learn how to make applicable choices by clicking the “Do Not Sell or Share My Personal Information” link located in the footer of ClearMyBrain.com or by visiting Clearmybrain.com/dnsspi. Using these choices will not opt you out of the use of previously “sold” (as defined by the CCPA) personal information, or stop all behavioral advertising. 

We do not knowingly sell, share or use the personal information of minors under 16 years of age.

 

State Specific Sections

Sale and Use of Personal Information for Targeted Advertising Purposes. We may use certain types of information to offer members an ad supported subscription plan or engage in certain marketing activities. This activity may be considered “selling”, or “targeted advertising” under US State Privacy Laws. Our practices regarding sale or targeted advertising may depend on how you interact with us, the services you use and the choices you make.

If you do not wish for us to sell or use your personal information for targeted advertising purposes, you can learn how to make applicable choices by visiting the document “Your Information” in your EBHCA GetHealthie portal account. Using these choices will not opt you out of the use of previously sold personal information or stop all behavioral advertising.

 

We have not sold personal information in the past twelve months. We have also not “shared” or made available personal information for the purposes of targeted advertising in the past twelve months.

 

Use of De-Identified Information. As described in the Your Information and Rights section of our Privacy Statement, we may de-identify personal information in a secure manner when we determine it is appropriate as part of our business operations. We take reasonable measures to maintain and use the information in a de-identified manner. We do not make any attempts to re-identify such information, except as permitted under applicable law.

 

Your rights under Applicable US State Privacy Laws

To the extent applicable under US State Privacy Laws, you may have the following rights in connection with your personal information:

  • In California, you have the right to request that we disclose: what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, disclosing, selling or sharing personal information; the categories of third parties with whom we disclose, sell or share personal information; the categories of personal information we have disclosed, sold or shared about you for a business purpose.

  • You have a right to confirm whether or not we process your personal information as well as to access and receive a copy of the specific personal information we have collected about you.

  • You have a right to deletion of your personal information, subject to exceptions under applicable US State Privacy Laws. 

  • You have a right to request correction of any inaccurate personal information we hold about you. 

  • You have a right to opt-out of our sale or our use of personal information for targeted advertising purposes. You can learn more by clicking the “Do Not Sell or Share My Personal Information” located in your EBHCA GetHealthie portal account.

  • Finally, you have a right to receive notice of our practices at or before collection of personal information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

 

You can assert these rights only where we receive a verified request from you. For information on how to exercise your rights, please see the Your Information and Rights section above.

 

Use of Agents. If you are a consumer in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf to privacy@ClearMyBrain.com along with a statement, certified as may be required, that the agent is authorized to act on your behalf. In order to verify the request, we may ask you to verify your identity.

 

Appeals. If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable US State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. Requests to change our policies or practices are not grounds for appeal.  You may request an appeal of such decision by contacting us at privacy@ClearMyBrain.com, please provide the state that you are writing from, accompanied with documentation you may have regarding the matter you are appealing. If your jurisdiction allows you to file a complaint with the state’s Attorney General’s Office regarding any concerns with the result of your appeal request, you may do so by using the following links as may be applicable to you. You may submit a complaint to the Attorney General’s Office by selecting the appropriate link: Virginia (www.oag.state.va.us/consumer-protection/index.php/file-a-complaint), Colorado (coag.gov/file-complaint), and Connecticut (portal.ct.gov/AG/Common/Complaint-Form-Landing-page).

 

If you do not own an EBHCA account, we may not be able to respond to requests to exercise rights under this Privacy Notice, including, for example, the right to know or delete personal information. Because we only collect limited information about individuals without an account, we are unable to verify requests from non-account holders to the standard required by the US State Privacy Laws.

 

Retention of Personal Information. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in our Privacy Statement. Specifically, we retain information for our legitimate interests and essential business purposes, such as operating, maintaining and improving our services; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing our terms of use. Our retention of information is based on many factors such as your relationship with EBHCA (for example, are you a EBHCA current member); the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

 

Last Updated: November 18, 2023

Legal

The Environmental Brain Health Clinics of America, LLC (“EBHCA”) service, including all content provided on the EBHCA service, is protected by copyright, trademark, trade secret or other intellectual property laws and treaties.

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Copyrights

The copyrights in the content on our service are owned by EBHCA. All rights are reserved.

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Trademarks

EBHCA and the [●] Logo are trademarks of EBHCA.

Unless you have our permission, do not use the EBHCA marks as your own or in any manner that implies sponsorship or endorsement by EBHCA.

A product branded with the EBHCA name or logo is a reflection of EBHCA. We do not allow others to make, sell, or give away anything with our name or logo on it.

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Third-Party Notices

The EBHCA service may utilize or contain software available under open source or free software licenses (“Open Source Software”). The EBHCA Terms of Use do not alter any rights or obligations you may have under those Open Source Software licenses.

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Last Updated: November 18, 2023

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