Privacy Notice for California Residents

• Introduction
• Personal Information We Collect
• Personal Information We Use
• Personal Information We Share
• Sales or Sharing of Personal Information
• Cookies and Similar Technologies
• Your CCPA Privacy Rights
• Deletion Request Rights
• Exercising Access, Data Portability, and Deletion Rights
• Response Timing and Format
• Personal Information Sales and Sharing Opt-Out Rights
• Limiting Use and Disclosure of Sensitive Personal Information Rights
• Non-Discrimination
• Other California Privacy Rights
• Changes to this Notice
• Contact Information

Effective Date: October 31, 2023

Introduction

This Privacy Notice for California Residents (“Privacy Notice”) describes the rights of California residents under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, “CCPA”). This Privacy Notice applies solely to individuals who reside in the State of California (“consumers” or “you”) to the extent that InstaBrain, Inc (“InstaBrain”, “we”, “us” or “our”) collects and processes their personal information as a business or service provider (as those terms are defined in the CCPA).

Please take the time to read this Privacy Notice and the related statements in their entirety to ensure you are fully informed. If you have any questions or concerns about your rights under the CCPA, please contact us by using the contact details under the “Contact Information” heading below.

For purposes of this Privacy Notice the term “personal information” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. However, personal information excludes a) publicly available information from government records; and b) deidentified or aggregated consumer information. Also, information excluded from the CCPA’s scope, includes the following:

• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Personal Information We Collect

We have collected the following categories of personal information from individuals within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you if you provide your personal information to us.
• Directly and indirectly from activity on our website or IT systems. For example, from your submissions through our websites’ forms or your website usage details that are collected automatically.
• From third parties, such as our business partners.

We obtain the categories of personal information listed above only for the duration necessary for the purpose of which it was collected.

Personal Information We Use

We may use or disclose the personal information we collect for one or more of the following purposes:

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our websites, products, and services, other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our websites, products, and services.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• For other lawful or legitimate purposes, which may be reasonably required for day-to-day operations.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and, if required by law, seeking your consent.

Personal Information We Share

InstaBrain takes care to allow your personal information to be accessed only by those who need to know to perform their tasks and duties, and to third parties who have a legitimate business purpose for processing or accessing it. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. As such, we may share your personal information as described in this Privacy Notice to the following categories of third parties:

• Our subsidiaries, affiliates, or their or our successors or assigns.
• Our contractors, business partners, service providers, and other third parties who require the data to assist us in supporting our business (e.g., third-party hosting facilities) or third parties with products, services, or positions that may be of interest to you, provided such parties provide at least the same level of privacy protection as is required of InstaBrain. These companies are authorized to use your personal information only as necessary to provide these services to us.
• A potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution, or liquidation), in which case, personal information held by us about you will be among the assets transferred to the buyer or acquirer.
• A third party under the following circumstances where we, in good faith,: (i) believe we are compelled by applicable law or regulation, judicial request from a court of competent jurisdiction, or another legal process or government authority; (ii) find it necessary to exercise, establish or defend our legal rights; (iii) seek to protect InstaBrain’s rights or property; (iv) seek to protect InstaBrain, our employees, or the public from harm or illegal activities; (v) seek to respond to an emergency which we believe, in good faith requires us to disclose data to prevent harm; or (vi) rely on your consent.

Sales or Sharing of Personal Information

In the preceding 12 months, InstaBrain has not sold or shared (as those terms are defined in the CCPA) any personal information.

Cookies and Similar Technologies

For information about the cookies and other tracking technologies used by our Website and how to manage your settings for these cookies and technologies, please see our Cookie Notice.

Your CCPA Privacy Rights

The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting, selling, or sharing that personal information.
• The categories of third parties with whom we disclose that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or shared (as those terms are defined in the CCPA) your personal information or disclosed your personal information for a business purpose.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug systems to identify and repair errors that impair existing intended functionality.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Comply with a legal obligation.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by using the contact details under the “Contact Information” heading below. Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your personal information.

You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an email account with us, we will deliver our written response to that account. If you do not have an email account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales and Sharing Opt-Out Rights

You have the right to direct us to not sell or share your personal information at any time. However, we do not sell or share (as those terms are defined in the CCPA) your personal information (and will not sell or share it without providing a right to opt-out).

Limiting Use and Disclosure of Sensitive Personal Information Rights

You have the right, at any time, to direct us to limit our use and disclosure of your sensitive personal information for purposes other than those authorized by the CCPA. However, we do not use or disclose your sensitive personal information for any purposes other than those authorized by the CCPA (and will not use or disclose it for any unauthorized purposes without providing a right to limit).

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by using the contact details under the “Contact Information” heading below.

Changes to this Notice

InstaBrain reserves the right to update or change this Privacy Notice from time to time. If we make material changes to this Privacy Notice, we will post it on www.instabrain.io at the time of the change becoming effective. We ask that you review the Privacy Notice periodically to stay informed about any updates or changes that we may have made.

You can see when this Privacy Notice was last updated by checking the “Effective Date” displayed at the top of this Privacy Notice.

Contact Information

To ask questions or comment about this Privacy Notice and our privacy practices or if you need to update, change, or remove your personal information or exercise any other rights,

• Via Email: [email protected]
• Via Mail: 15169 N. Scottsdale Rd, Suite 205, Scottsdale, AZ 85260