PRIVACY POLICY
Last Revised: May 2024
This Website (www.brainsculptproducts.com and www.nowalign.com) and App (BrainSculpt) (collectively the
“Platform”) are owned and operated by Self-Help Technologies (“Self-Help”). Self-Help values
the trust of our users and subscribers when they give us access to their personal information.
This Privacy Policy describes how we work to maintain that trust and protect that information.
We have developed this Privacy Policy to describe how we collect, use and disclose your
personal information which you give us when you access our website or use our services. This
Privacy Policy explains:
What information we collect;
Why we collect such information;
How we use or share the information; and
Who we might share it with.
Important Notice
Self-Help fully complies with the Children’s Online Privacy Protection Act (or COPPA). We do
not knowingly collect any personal information on children who are under 13 years of
age. If we come into knowledge that such information has been collected, we will delete
it immediately from our database. Since we do not collect information on children who
are under 13 years of age, our services will not be available to children(s) who are below
13 years of age. Details are stated in our Terms and Conditions.
Types of Data We Collect
Personal Information. When you use our website or purchase from our website,
we collect data including, but not limited to, your user name, password, first and
last name, email address, phone number, address, gender, messages, and any other
data included in a submitted profile or resume and other information we may
require.
Services. In connection with your engagement of services with us, we will
collect payment information such as debit/credit card or paypal information and
related verification information.
Mobile Services. For mobile services, we may collect non-personal information if
you use our services by downloading our app. This information is used to help us
deliver the most relevant information to you. This information may include but is
not limited to your geographic location, usage of the app and information about
the type of device you use. This also will help us update the app in the future.
Registration. Certain transactions or services of our website are only available
for registered users. When you register to become a member of this website or
make any purchase, we request certain Personal Information from you such as
your name and email address, zip code and other personal information.
Data. We also may automatically collect and analyze information from your
computer or mobile device, including, but not limited to, your browser type,
operating system, IP address and the domain name from which you accessed the
website or App, and if you are accessing our website with your mobile device, the
type of mobile device. In addition, our website may automatically record and
analyze activities or actions including, but not limited to, date and times of use,
clicks, page views, the amount of time you spend on each page, and search
queries. We reserve the right to match your IP address (or any other information)
with other information about you in any way permitted by applicable law.
Cookies. This website uses cookies for the purpose of (a) customizing your
experience when you visit our website; (b) to ensure that you do not see the same
advertisement or informational messages repeatedly; and (c) to store your session
identifier so you do not have to re-enter it each time you visit this website.
However, you have the ability to delete and control your cookies. If you wish not
to use cookies, you may do so by changing the settings on your browser, however,
some features of our website may not function correctly. You assume all
responsibility for any loss of functionality.
Certain Services. In certain services, such as two-factor authentication, we may
require the collection of your phone number for purposes of identification.
General Users. There are certain areas of this website that require registration,
though you may be able to access certain limited Services without registering
(such as viewing). Even if you have not registered, we collect Non-Personal
Information about your use of the Services through the use of cookies. The
Non-Personal Information we collect includes the referring website, if applicable,
the type of browser you use, the material viewed, and the time and date that you
accessed the Services.
Usage of Personal Information
Identification. We may use any information collected pursuant to this Privacy
Policy, including information that identifies you as a specific individual
(“Personal Information”). We shall use such information to provide our services
and features to you, to measure and improve our services and features, and to
provide you with customer support.
Data Analysis. We may use your information that you send us to contact you
when necessary in connection with the services. We may use your traffic data and
information gathered using cookies. From time to time, we may release
demographic data in aggregate, such as posting a report on trends in the website.
Advertisement. We may also share such information to third parties (including
operators of third-party websites and/or social networking sites) in order to show
you targeted advertisements and other content that has been customized for you.
Legal Action. We may also use information collected pursuant to this Privacy
Policy to prevent potentially illegal activities and activities that are detrimental to
you or others. We may investigate and disclose information from or about you or
your use of our website or services if we have a good faith belief that such
investigation or disclosure (a) is reasonably necessary to comply with legal
process (including subpoenas, search warrants, court orders) and law enforcement
instructions and orders; (b) is helpful to prevent, investigate, or identify possible
wrongdoing in connection with the use of the Site; or (c) may protect our rights,
reputation, property, safety, or that of the public; or (d) as necessary to meet
national security requirements.
Transfer of Data to Third Parties
We may use other companies, including affiliates and third parties, to perform services in
connection with our operations, and to improve the Site and our other products and
services. These third parties may include (but are not limited to) service providers and
vendors.
In the course of providing these services, those companies may have access to Personal
Information, and such Personal Information may be transferred to other countries. Those
companies are contractually required to treat such Personal Information in accordance
with this Privacy Policy. Please also be aware that we may use third-party cloud service
providers that provide hosting, data storage and other services pursuant to standard terms
and conditions that may be non-negotiable; these service providers have informed us or
the general public that they apply security measures they consider adequate for the
protection of information within their system, or they have a general reputation for
applying such measures. However, we will not be liable for any damages that may result
from the misuse of any information, including Personal Information, by these companies.
Accuracy of Information
You must only submit to us information which is accurate and complete and not misleading and
you must keep it up to date and inform us of changes. We reserve the right to request
documentation to verify the information provided by you.
Storage
We may use your IP address and mobile device information to help diagnose problems with our
service and to administer the Site. Your IP address and mobile device information may
also be used to help identify you, your location, and your online profile and to gather
broad demographic information (such as country of origin). We may maintain
information collected from you pursuant to this Privacy Policy following any termination
of your relationship with us. We may also delete such information as permitted by
applicable law. If you provide credit, debit or other payment card and related details to us
in order to make a payment, we will use such information only for the purpose of
processing the payment. We may also use your data with other data, for the purposes set
forth above.
Security
All affordable as well as safety and security procedures will be utilized to secure your personal
information against any kind of loss, abuse and changes of your personal information
under our care. However, no method of transmission over the Internet, or method of
electronic storage, is 100% secure. While we strive to use commercially acceptable
means to protect your Personal Information, we cannot guarantee its absolute security.
Webhost Server
Please also be aware that we may use third-party cloud service providers that provide hosting,
data storage and other services pursuant to standard terms and conditions that may be
nonnegotiable; our service providers have informed us or the general public that they
have their own security measures which they consider adequate for the protection of
information within their system, or they have a general reputation for applying such
measures. However, we will not be liable or responsible for any damages that may result
from the misuse of such information, including Personal Information, by these
companies.
International Users
All information herein is protected by United States (US Laws). Wherever your location is, your
information may be transferred to and stored on computers or services outside of your
country. Your laws regarding privacy may be different from US privacy laws. By using
this website or by submitting any information stated herein, you agree to be bound by US
Laws.
Processing And Data Controller
EU Users. For users located in the EU Region, all processing of Personal Data is
performed in accordance with privacy rights and regulations following the EU
Directive 95/46/EC of the European Parliament and of the Council of 24 October
1995 (the Directive), and the implementations of the Directive in local legislation.
From May 25th, 2018, the Directive and local legislation based on the Directive
will be replaced by the Regulations (EU) 2016/679 of the European Parliament
and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of Personal Data and on the free movement of such data,
known as the General Data Protection Regulation (GDPR), and our website
processing will take place in accordance with the GDPR.
Controller. Self-Help Technologies processes Personal Data both as a Processor
and as a Controller, as defined in the Directive and the GDPR:
Self-Help Technologies is an entity which you as a user entered an
agreement with when using our website, will be the Controller for user
data, as outlined above in “Collection of User data” section. For
Respondent data, as outlined in the “Collection of Respondent data”
section, the user will be the Controller in accordance with Directive and
GDPR, and Self-Help Technologies will be the Processor. Self-Help
Technologies adheres to the Directive of 1995 and the GDPR from May
25th, 2018. Consequently, Self-Help Technologies processes all data
provided by its users with accounts in its European Data Region, in the
European Economic Area (EEA) only.
All data collected by Self-Help Technologies users through Amazon’s
Affiliate Services will be stored exclusively in secure hosting facilities
provided by Amazon Web Services. Self-Help Technologies has a data
processing agreement in place with its provider, ensuring compliance with
the Directive. All hosting is performed in accordance with the highest
security regulations. All transfers of data internally in the EU Region is
done in accordance with this data processing agreement.
Data Retention and Deletion.
We will not retain data longer than is necessary to fulfill the purposes for
which it was collected or as required by applicable laws. Users can request
to delete their data or have it removed from our database by sending an
email to gdpr@brainsculptproducts.com. Deletion or removal of data may
take up to 7 days from the date of request.
Users who are not active on this website for 12 months will be
deactivated. Users who are not active for 18 months will be deleted.
Duration of consent. The data will be retained for the duration of the user’s
membership, or 18 months after the user’s last activity on the site.
Data Breach. We have a protocol in place to manage a data breach in the event
that one does occur. In the event of a data breach in accordance with the EU
GDPR regulations, we will notify all users of our MailChimp email lists and users
of our system via email within 72 hours of the data breach and contact the
necessary authorities.
Data Security. All data is stored in a database located on the servers of our
hosting provider. The site uses SSL to encrypt data transferred between the server
and the client (web browsers, mobile apps, third party sites). Only logged in users
will have access to private sections of the site. Private data is collected using
POST requests to avoid displaying the information in the URL for the page. We
will disable accounts which have been lost, misused or have an unauthorized
access unless you notify us in writing to activate your account.
Data portability.
You may request to have a copy of all of your data by contacting our data
protection officer. You can view or edit your personal information on the
account management link once you log in to the system.
Please send an email to gdpr@brainsculptproducts.com if you wish to see
a full record of all of the personal information recorded in compliance
with this privacy policy.
Data Protection Officer. Self-Help Technologies has a data protection officer for
matters relating to privacy and data protection. You may contact our data officer:
Data Protection Officer
Subject: Attn: Data Protection Officer
Email: gdpr@brainsculptproducts.com
Log Data. Like many site operators, we collect information that your browser
sends whenever you visit our Site (“Log Data”). This Log Data may include
information such as your computer’s Internet Protocol (“IP”) address, browser
type, browser version, the pages of our site that you visit, the time and date of
your visit, the time spent on those pages and other statistics. In addition, we use
third-party services such as Google Analytics that collect, monitor and analyze
this data.
Links to Third-Party Sites
The Site may make available links to other websites. When you click on such links, you may
leave our Site. The Website could additionally provide Business Pages, which might
consist of info given by third parties. WE ARE NOT RESPONSIBLE FOR THE
INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY
PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES,
THIRD-PARTY SERVICE PROVIDERS, ANY THIRD-PARTY SOCIAL MEDIA
PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR
OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY
THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A
LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE
THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO
LEARN MORE.
Newsletter and Email
We may send you a newsletter or email as required by this website. We may also provide third
parties with details about your engagement with the advertisement or Sponsored Program
if you opt to accept newsletters and emails. You agree that we are not responsible for
how these third parties use your information and manage your privacy. If you wish to
unsubscribe to your emails and newsletter please contact us at
contact@brainsculptproducts.com and state that you no longer want to receive
information, newsletters and updates.
Changes
We regularly review the sufficiency of this Privacy Policy. We reserve the right to modify and
change the Privacy Policy at any time. Any changes to this policy will be published on
this website.
Code of Conduct
All users of Self-Help Technologies products are expected to treat our employees, other clients
and physical or virtual visitors with the utmost respect and dignity. Self-Helf Technologies
forbids discrimination or harassment of any kind, whether based on race, colour, national origin,
religion, creed, sex, age, physical, mental or developmental disability, marital status, sexual
orientation, political ideology or any other reason. Harassment may include unsolicited or
unwelcome remarks, gestures, threats or physical contact, as well as the display or circulation of
inappropriate or derogatory written materials or pictures. The following is a list of behaviours
that will not be tolerated: Physical violence; Verbal abuse; Profanity; Any form of harassment;
Intimidation tactics and/or making threats; Malicious or harmful statements about others (groups
or individuals); Public disclosure of another’s private information; Possession of dangerous or
unauthorized material; and Solicitation, purchase or selling of illegal substances.
Click here, I have read, understand, and agree to abide by written terms.
Click here, Acknowledge to Continue.
Terms and Conditions for BrainSculpt MindSpa
BrainSculpt products are NOT a treatment for any type of mental health or physical health condition. BrainSculpt products are not therapeutic in that they are not a form of any type of therapy or other treatment for any condition, either related to physical or mental health. Use of BrainSculpt products does not indicate any type of provider relationship between the user of BrainSculpt products and any employee or any other affiliate of the business. Any information given by BrainSculpt is not to be considered advice or recommendations for any type of situation or condition of the BrainSculpt user including but not limited to any type of medical, physical, or mental health condition. Self-Help is not to be held liable for any damages, discomfort, or distresses experienced by the BrainSculpt user either during the use of the BrainSculpt products or during any other time.
Tactile bilateral stimulation (TBS) may aggravate specific medical conditions, including but not limited to headaches or migraines.
Self-Help is not liable for any changes in medical or physical health conditions following the use of BrainSculpt products and associated costs.
The user agrees to not hold Self-Help liable for any medical or mental health condition that occurs following the use of BrainSculpt products or in association with the use of BrainSculpt products. Further, the user agrees to not hold Self-Help liable for any costs associated with the treatment of conditions that onset following the use of BrainSculpt products.
Self-Help makes no guarantees or claims about the use of BrainSculpt products being able to create any particular result or experience for the BrainSculpt user, including but not limited to a decrease in any negative experience or symptom, or an increase in any positive experience. Self-Help makes no claims regarding the effectiveness of BrainSculpt products for any condition. The user engages in BrainSculpt products at their own risk and with the understanding that there is no guarantee of any particular experience or result and that Self-Help will not be liable for any particular experience or result following the use of BrainSculpt products.
Caution should be taken when using BrainSculpt products to enhance a sense of rest and relaxation in that this should only be done in situations in which being in a calm and relaxed state does not cause any physical or mental health risks. In particular, BrainSculpt products should not be used when operating heavy machinery, including while driving.
Self-Help is not liable for any damages if the user disregards, is unaware of, or does not understand details associated with the user agreement and uses BrainSculpt products in situations when it is advised that they do not.
Self-Help makes no warranties, claims, or representations for the use or effectiveness of BrainSculpt products or Services in a clinical environment or by any professional, caregiver or medical provider in the providing of medical services or advice of any sort; Self-Help hereby EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON for any injury or harm of any type caused, in any way, by the use of BrainSculpt products or Services by any third-party, including but not limited to professionals, caregivers or medical providers in the providing of medical services or advice of any sort.
You hereby agree that Self-Help cannot determine if the use of our products is appropriate for your particular situation and cannot predict the experience that you will have. You may have reactions to the use of the products that are surprising or unforeseeable to you, which may have unexpected negative side effects or impacts. If you choose to use BrainSculpt products, you hereby acknowledge the risks involved and hereby assume the risk for whatever the outcome is.
Assumption of Risk. It is expressly understood and agreed that you assume all risks as a result of our product and hereby release Self-Help Technologies from all liabilities as a result of using BrainSculpt products.
Additional Terms and Conditions for BrainSculpt Calm
BrainSculpt is NOT a treatment for any type of mental health or physical health condition. BrainSculpt products are not therapeutic in that they are not a form of any type of therapy or other treatment for any condition, either related to physical or mental health. Use of BrainSculpt products does not indicate any type of provider relationship between the user of BrainSculpt products and any employee or any other affiliate of the business. Any information given by BrainSculpt is not to be considered advice or recommendations for any type of situation or condition of the BrainSculpt user including but not limited to any type of medical, physical, or mental health condition. Self-Help is not to be held liable for any damages, discomfort, or distresses experienced by the BrainSculpt user either during the use of the BrainSculpt products or during any other time.
Tactile bilateral stimulation (TBS) may aggravate specific medical conditions, including but not limited to headaches or migraines.
Self-Help is not liable for any changes in medical or physical health conditions following the use of BrainSculpt products.
The user agrees to not hold Self-Help liable for any medical or mental health condition that occurs following the use of BrainSculpt products or in association with the use of BrainSculpt products. Further, the user agrees to not hold Self-Help liable for any costs associated with the treatment of conditions that onset following the use of BrainSculpt products.
Self-Help makes no guarantees or claims about the use of BrainSculpt products being able to create any particular result or experience for the BrainSculpt user, including but not limited to a decrease in any negative experience or symptom, or an increase in any positive experience. Self-Help makes no claims regarding the effectiveness of BrainSculpt products for any condition. The user engages in BrainSculpt products at their own risk and with the understanding that there is no guarantee of any particular experience or result and that Self-Help will not be liable for any particular experience or result following the use of BrainSculpt products.
BrainSculpt products are not a form of any type of treatment for any type of medical or mental health condition and do not take the place of any type of treatment for any type of medical or mental health condition.
Caution should be taken when using BrainSculpt products to enhance a sense of rest and relaxation in that this should only be done in situations in which being in a calm and relaxed state does not cause any physical or mental health risks. In particular, BrainSculpt products should not be used when operating heavy machinery, including while driving.
Self-Help is not liable for any damages if the user disregards, is unaware of, or does not understand details associated with the user agreement and uses BrainSculpt products in situations when it is advised that they do not.
Self-Help makes no warranties, claims, or representations for the use or effectiveness of BrainSculpt products or Services in a clinical environment or by any professional, caregiver or medical provider in the providing of medical services or advice of any sort; Self-Help hereby EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON for any injury or harm of any type caused, in any way, by the use of BrainSculpt products or Services by any third-party, including but not limited to professionals, caregivers or medical providers in the providing of medical services or advice of any sort.
You hereby agree that Self-Help cannot determine if the use of our products is appropriate for your particular situation and cannot predict the experience that you will have. You may have reactions to the use of the products that are surprising or unforeseeable to you, which may have unexpected negative side effects or impacts. If you choose to use BrainSculpt products, you hereby acknowledge the risks involved and hereby assume the risk for whatever the outcome is. You acknowledge that you must determine for yourself if the use of BrainSculpt products is indicated in your specific and unique situation and take full responsibility and liability for any impact, either positive or negative, it may have for you.
Assumption of Risk. It is expressly understood and agreed that you assume all risks as a result of our product and hereby release Self-Help Technologies from all liabilities as a result of using BrainSculpt products.
One Year Manufacturer’s Warranty
We warranty to the original purchaser that this product is free from defects in materials and workmanship for one year from the date of the original purchase. Most issues can be diagnosed and resolved with a phone call or email (in fact, we have a User Guide and Troubleshooting section in the app which is found in the Support tab, please check it out).
To inquire about this warranty and to receive shipping instructions, contact us at team@brainsculptproducts.com
30-Day Refund
Our goal is to help you reduce stress in your life so you should feel confident in your purchase knowing that you are completely protected by our 100% No-Risk Purchase Guarantee. If you are not completely satisfied with this product, you have 30 days from the date of purchase to request a refund. At your request, we will refund 100% of the cost of your hardware.
To request a refund, you need to email us at: team@brainsculptproduts.com to request this refund and receive RMA shipping instructions.
The device and full kit must be returned in new condition. The purchaser will pay the shipping fees to return the product.
Accessories are non-refundable: this includes items such as the bands and the charger. The shipping charge you paid to receive the product is also non-refundable.
