PRIVACY POLICY

October 2022

BrainEver recognizes the importance of protecting all information that each user of this Website may choose to share with us and has adopted this Privacy Policy (“Policy”) to guide how BrainEver collects, stores, uses and shares the information you provide us when you access to BrainEver website, use and/or fill in our applications forms or otherwise interact and correspond with our personnel (collectively, the “Site”).

By using this Site, you consent to the collection and use of information as further described in this Policy. You also acknowledge that BrainEver may elect to update, change, modify, add or remove this Policy,at its discretion, without prior notice. Your continued use of the Site following the posting of changes to this Policy will mean that you accept such changes. Please note that BrainEver will always handle your personal information in accordance with the Policy in effect at the time of collection.

If you do not agree with the terms of this Policy, please do not use the Site.

If you do not wish your personal data be collected, retained and/or used according to this Policy, please promptly inform usat dpo@brainever.com, or send a letter at BrainEver SAS, 74 rue du Faubourg Saint Antoine, 75012 Paris, France.

A.         Personal Information

The term Personal Information as used in this Policy refers to data collected through connection to the Site as may, in particular, come from the registration of a user’s IP address through each connection; the automatic (login) or voluntary registration of a user’s basic contact and identification information (such as name, phone number, e-mail, company address or any other information the user agrees to submit); participation in chat rooms, studies, online surveys; request for further information on BrainEver, including press releases, job offers or marketing and advertising materials; or the subscription to newsletters or any other type of application form.

BrainEver may also collect and process your Personal Information when BrainEver corresponds with you through its newsletters. BrainEver may also collect and process Personal Information (such as past employments, qualifications, education etc.) for recruitment purposes when you choose to submit such information to us through our ‘careers’ application linked to this Site. Most of your Personal Information is obtained from our direct interactions with you (especially through the Site). However, there might be some situations where we collect or receive your information from third parties (for instance, for recruitment purposes, we may receive personal information from your last employer or from a recruitment firm or agent).

B.         Collection and Use of Personal Information

Personal Information collected will only be used by BrainEver and its affiliates as provided in this Policy and, unless otherwise specified at the time of collection, will not be disclosed to, shared with or otherwise distributed to any third party for any purpose.

BrainEver may use your Personal Information to:

  • Engage in business, financial and/or scientific relationships with you in relation to BrainEver activities; this may include sending you newsletters, updates, communications, requests for proposal that may be of interest to you as (potential) investor, partner, supplier, client etc.
  • Process your job application where you have applied for a job position at BrainEver.
  • Establish, exercise or defend our legal rights or for the purpose of legal proceedings.
  • Record and monitor your use of this Site or our other online services for our business purposes which may include analysis of usage, measurement of Site performance and generation of reports.
  • BrainEver’s legitimate business interests, such as undertaking business research and analysis,
  • Look into any complaints or queries you may have.
  • Prevent and respond to actual or potential fraud or illegal activities.
  • Notify you about changes/updates to our services, activities or policies,
  • Perform administrative or operational tasks or as part of our efforts to keep the Site safe and secure.

Personal data collected through each connection, such as Cookies, may also be used to help us to better understand how users navigate the Site, to collect statistics on visited pages, to monitor the running of the Site and, more generally, to improve and/or customize a user’s experience with the Site.

Personal data collected through chat rooms, online surveys, information application forms, subscriptions to newsletters, etc…will only be used to meet the purpose for which such information has been submitted and collected. Any subscription to a newsletter or placement on an investor or media e-mailing list may be cancelled at any time by contacting BrainEver at info@brainever.com.

BrainEver reserves the right to conduct additional processing to the extent permitted or required by law.

Personal Information may be transferred to third parties acting for or onbehalf of BrainEver, for further processing in accordance with the purpose(s) for which the data was originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of this Site, marketing, data management or technical support. Such third parties have contracted with us to only use Personal Information for the agreed upon purpose, and not to sell or disclose your Personal Information to third parties except as may be required by law or as stated in this Policy. Such third parties are subject to relevant confidentiality and security contractual obligations. Your personal data may also be transferred to partners or contractors in countries located outside the European Economic Area (EEA) where privacy laws and regulations may be different from those applicable in France. Where we transfer data to a country which is not been deemed to provide adequate or appropriate data protection standards according to European requirements, we have security measures and approved contracts in place to protect your personal data.

Personal Information collected from you may also be transferred to a third party in the event that the business of this Site or a part thereof and the customer data connected with it is sold, assigned or transferred, in which case BrainEver would require the buyer, assignee or transferee to treat Personal Information in accordance with this Policy.

Unless a different use/storage period is required by applicable laws and regulations, BrainEver will use and store your Personal Information for such length of time necessary for the uses explained in this Policy.

C.         Legal basis for using your Personal Information

BrainEver relies on the following legal grounds that might be cumulatively applicable to use your data:

  • Consent
  • Performance of a contract
  • Legitimate interest
  • Compliance with law or regulation.

D.         Security and confidentiality

To ensure the security and confidentiality of Personal Information collected online, BrainEver uses data networks protected, inter alia, by industry standard firewall and password protection. In the course of handling your Personal Information, BrainEver takes measures reasonably designed to protect such information from loss, misuse, unauthorized access, disclosure, alteration or destruction.

Despite its efforts, BrainEver cannot and does not warrant that your Personal Information will be secure and free from theft, loss or unauthorized access or use, and BrainEver makes no representations or warranties whatsoever, whether express or implied, as to the reasonableness, effectiveness or appropriateness of the measures it uses to safeguard such Personal Information. Users are responsible for maintaining the secrecy of their own passwords. Please immediately notify BrainEver at dpo@brainever.com, if you believe the security of any account you might have with BrainEver has been compromised.

E.         Personal Information and children

The use of this Site is intended for persons of 18 years and older. Any individual who requests information about our products indicated for use in children must be 18 or over. BrainEver will not knowingly collect, use or disclose Personal Information from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. BrainEver will provide the parent with (i) notice of the specific types of personal data being collected from the minor, and (ii) the opportunity to object to any further collection, use, or storage of such information.

F.         Links to other sites

This Policy applies only to this Site, and not to websites of third parties. BrainEver may provide links to third parties’ websites which it believes may be of interest to this Site’s visitors. However, BrainEver can neither warrant the privacy standards of such third parties’websites nor be responsible for the contents thereof. This Policy is not intended to be applicable to any third partieslinkedwebsites.

G.        Your Rights/ Contact Us

If you have any queries or complaints about our compliance with this Policy, or if you would like to make any recommendations or comments to improve the quality of this Policy, please email us at dpo@brainever.com.

In accordance with the French law (Loi n°2004-801 du 6 août 2004, Loi relative à la protection des personnes physiques à l’égard des traitements de donnéespersonnellesmodifiant la loi n°78-17 du 06 janvier 1978 relative à l’informatique, aux fichiers et aux libertés,  as amended on 6th of August 2004 and 20th of June 2018) and the European General Data Protection Regulation (Regulation (EU) 2016/679 called GDPR) you have the right to be informed, access, rectify, restrict processing, erase any of your personal data, object to processing or withdraw your consent by sending a request to BrainEver either by e-mail todpo@brainever.com,or by post mail to BrainEver, Data Processing Officer / DPO (74 rue du Faubourg Saint Antoine, 75012 Paris) and we will handle your request in a timely manner.

In addition, you have the right to lodge a complaint about the way BrainEver processes your personal data with your national data protection regulator.

If you contact us, please note the name of the website where you provided the information, as well as the specific information you would like us to correct, update or delete and a proper identification of you. Requests to delete Personal Information will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on us.

H.         Terms of Use

The terms of this Policy are incorporated into our Terms of Use by reference. All terms in capital used in this Policy shall have the meaning defined in the Terms of Use.