Privacy Policy

Effective date: November 15, 2022

At Well Noggin LLC (“Company,” “we,” “us,” “our”), we respect your privacy and are committed to protecting it.

This Privacy Policy has been drafted to explain how Well Noggin LLC collects, uses, discloses, and protects information that we collect about you and your rights with respect to that information.

This Privacy Policy covers information we collect from or about you when you give it to us, use our mobile applications, or visit one of our websites (our websites and our apps shall collectively be referred to as the “Services”). It also covers information that we may receive from other persons or companies who have received your information and can share it with us.

If in any case our privacy practices differ from those explained in this notice, we will let you know you at the time we ask for or collect your information.

• Quick links
• What information we collect about you
• Children’s online privacy
• How we collect your information
• Cookies and automatic data collection technologies
• How we use your information
• Disclosure of your information
• Interest-based advertising
• Third party content, apps, and links
• Your rights and choices
• Data security
• Your California privacy rights
• Nevada privacy
• Changes to our privacy notice
• Contact us
• What information we collect.

We may collect the following types of information about you and/or your dependants, which we have grouped together as follows:

• Identity Information. Examples include first name, last name, date of birth and gender.
• Contact Information. Examples include billing address, email address and telephone numbers.
• Financial Information. Examples include information necessary to perform a transaction through our e-commerce platform, as applicable.
• Game and Test Information. Examples include details about the games that are played on our mobile application (when the game is played, game results, etc.) that help us to determine whether you are within your acceptable range of performance or if you might be showing signs of a concussion.
• Technical Information. Examples include internet protocol (IP) address, your login information, mobile device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our mobile application or website.
• Profile Information. Examples include your username and password.
• Usage Information. Examples include information about how you use our mobile application and website.
• Marketing and Communications Information. Examples include your preferences in receiving marketing from us and our third parties and your communication preferences.
• Demographic Information and Preferences. Examples include personal characteristics and preferences, such as your age.
Some of the information we collect from you about you or your dependants may be personal information, or personal data, that can be used to identify you including, for example, your name, address, email address, or phone number. In some jurisdictions, certain unique identifiers like IP addresses and other usage or technical information may be considered personal information. Personal information does not include data where your identity has been removed so that we can no longer identify you (anonymous data), which we may use for any purpose.

3. Children’s Privacy
Our Service is not directed to children under the age of 13. Our Service is directed to and is intended to be used by adults (parents, guardians and school or league administrators and coaches) to assess children who may be under the age of 13. We do not permit individuals to create and register a user account if they submit a birth date that indicates they are under the age of 13. However, we allow registered users to submit information, including personal information (as defined by the Children’s Online Privacy Protection Act), about children under the age of 13.

If you learn that your child has provided us with personal information without your consent, you may alert us at: [email protected]. If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and communicate with the registered user regarding the incident.

4. How we collect your information
We collect information from and about you in the following ways:

• When you provide it to us. You may give us information about you by filling in forms or by communicating with us by email or otherwise. This includes information you provide when you register for an account or when you otherwise contact us about the Services.
• From our websites and emails. As you interact with the Services, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs, web beacons, and other similar technologies. Our Cookies and automatic data collection technologies section contains more information and options to control or opt-out of certain data collection or uses.
• From others. We may receive information about you from third parties including, for example, your school system or sporting team, our affiliated companies, business partners, subcontractors, analytics providers, and service providers. We may also receive information about you from commercially available sources such as data aggregators and public databases.
5. Cookies and automatic data collection technologies
The Services use automatic data collection technologies to distinguish you from other users of the Services. This helps us deliver a better and more personalized service when you use the Services. It also allows us to improve the Services by enabling us to:
• Estimate our audience size and usage patterns.
• Store your preferences so we may customize our Services according to your individual interests.
• Recognize you when you return to the Services.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).For more information, see the Interest-based advertising section of this privacy notice.
The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies).A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your rights and choices.
• Flash Cookies. Certain features of our Services may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the website. For information about managing Flash cookies see Your rights and choices.
• Web Beacons. Our Services may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording website content popularity or verifying system and server integrity. For information about managing web beacons, see Your rights and choices.

We may use Google Analytics to provide certain analytics services for us. More information about Google Analytics can be found in the Google Analytics Terms of Use and the Google Analytics Privacy Policy.
We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

6. How we use your information
We may use your information to conduct our business operations including for the following purposes:
• To create and manage your account.
• To contact you, your parent/guardian/ or administrator in the event your score in a certain game falls below a certain threshold, signaling potential concussion symptoms.
• To conduct market research.
• To develop and provide advertising tailored to your interest and to determine the effectiveness of our advertising.
• To provide you with the information or support that you request from us.
• To improve the Services, marketing, customer relationships, and experiences.
• To develop new products and services.
• To notify you of special offers, discounts, updates, and products and services that we think may be of interest to you. To learn more about your choices with regards to these communications see Your rights and choices.
• To manage our relationship with you which may include notifying you about changes to our terms or privacy policy, providing you notices about your account, asking you to leave a review or take a survey, addressing any concerns you may have about our products or services.
• To provide you with the information, products, services or support that you request from us or to fulfill any other purpose for which you provide it.
• To deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
• To make suggestions and recommendations to you about our own and third-parties’ products or services that may be of interest to you. If you do not want us to use your information in this way or for more information on how to adjust your preferences, see Your Rights and Choices.
• To carry out our obligations and enforce our rights and to protect the Services, customers, and other individuals including to protect against or identify possible fraudulent transactions.
• For any other purpose as may be permitted by law or that we describe when you provide the information.
We may use information that is not personal information for any purpose. For example, we may aggregate usage data from many people in a way that does not identify any individuals.

7. Disclosure of Your Information
We may share non-personal information without restriction. We may share your personal information with:
• Any member of our corporate group, which means our subsidiaries, affiliates, our ultimate holding company and its subsidiaries, and affiliates.
• Your parent/guardian/ or administrator in the event your score in a certain game falls below a certain threshold, signaling potential concussion symptoms.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To our business partners who provide services on our behalf but who may also use the information we provide for their own commercial purposes. For example, some of our advertising partners may use information to market other parties’ products and service to you. For more information see Interest-based advertising.
• To public or government (including enforcement) authorities.
• To an actual or prospective buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, where one of the transferred assets is the personal information we hold.
• If we offer a co-branded promotion, to our co-sponsor.
• To fulfill the purpose for which you provide it.
• For any other purpose as may be permitted by law or that we describe when you provide the information.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce our Terms of Use and other agreements with you.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cyber security, fraud protection and credit risk reduction.
• To investigate suspected violations of any law, rule or regulation, or the terms or policies for the Services.

8. Interest-based advertising
Some content or applications on the Services, including advertisements, are served by third parties, including advertisers, ad networks, and servers, content partners, or application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Our partners may use non-cookie technologies on which browser settings that block cookies might have no effect. Your browser may not permit you to block such technologies.

For this reason, keep in mind, you can block the collection and use of information related to you by advertising companies for the purpose of serving interest based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:
• The NAI’s opt-out platform is available here.
• The DAA’s opt-out platform is available here.

9. Third Party Content, Apps, and Links
Some content or applications on the Services may be served by third parties, content providers and application providers including the following:
• Plugins. Our Services make available the option for you to use “plugins” that are operated by social media companies. If you choose to use one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plugin, if you are logged into the social media website that owns the plugin when you visit our website. Information collected by a plugin is subject to the privacy policy and terms of the social media company that makes it. If you do not want the social media company who owns a plugin to collect information about you when you visit our websites, sign out of the social media network before visiting. By interacting with a plugin when you are on our websites (for example, clicking the Facebook “Like” button), you are intentionally transferring information to that social media company. Further, if you are logged into a social media website when you visit the Services, then you are directing us to share your data with the social media company that owns the plugin.
• Third-party links. The Services may contain links to other sites, which we do not control. Those websites have their own privacy policies and terms.

10. Your Rights and Choices
Your rights may vary depending on where you are located. We have created mechanisms to provide you with the following control over your information.
• Marketing. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your contact information or, if presented with the option to opt-in, do not opt-in. If you have an account with the Services, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by contacting us as set forth below in the Contact Us section. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out may not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
• Accessing, Updating and Deleting Your Information. If you have an account with us, you may have the ability to access your information and make updates to or delete your data. If not, you can contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
• Cookies and Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. If you do not want Google Analytics to be used in your browser, Google Analytics provides an opt-out tool which can be found here.In some cases, you may be able to set your browser or email program to not download web beacons.
• Interest Based Advertising. Please see Interest-based advertising above for information on how to opt-out of interest-based advertising.
• California Residents. If you are a California resident, you may have additional rights and choices with regard to your personal information. Please see Your California privacy rights for more information.
• Nevada Residents. If you are a Nevada resident, please see our Nevada privacy section below for more information our information practices.

11. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored with Amazon Web Services. Any payment transaction information will be encrypted with AES-256.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping the password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any other users of the Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

12. Your California privacy rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services 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 send an email to [email protected].

13. Nevada privacy rights
Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. Residents who wish to exercise this right may submit a request to [email protected]. However, please know that we currently do not sell covered information, as "sale" is defined by such law, and we do not have plans to sell this information.

14. Changes to our privacy notice
We will post any changes we may make to our privacy notice on this page. The date the privacy notice was last revised is identified at the top of the page. You are responsible for periodically visiting the Services and this page to check for any changes.

15. Contact Us
If you have any comments or questions about our privacy policy, please use our Contact Us page to reach out to us. You may also reach us by emailing us at [email protected].