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Privacy Policy

ABI Wellness Privacy Notice

Who we are

ABI Wellness is a Canadian corporation that licenses materials and software programs designed to assess and enhance cognitive functions related to areas of brain health to locations all over the world. For data that is gathered in connection with a client enrolled in a program offered by ABI Wellness Inc. or its sublicensees, the data is controlled by ABI Wellness or ABI Wellness’s third-party suppliers, as applicable.

Those reading this Privacy Notice should read the words “ABI Wellness”, “We”, “Our”, or “Us”, to mean the ABI Wellness company that controls the data for the Program Site being used by the reader. Please see Annex A of this Privacy Notice for our companies and how to contact each of them.

 

2. About this Privacy Notice

2.1 The purpose of this Privacy Notice is to allow you to understand what Personal Data ABI Wellness will collect, how we will use it, to whom we disclose it, and who may access it, including in connection with the Program (as defined below). For the purposes of this Privacy Notice, “Personal Data” is any information that is about or that identifies a specific individual, and under certain laws that may or may not be applicable to you, identifies a specific household or device. The main portion of this Privacy Notice is written with the provisions of Canadian law in mind. The Appendices provide additional disclosures or describe additional rights that are particular to specific ABI Wellness Program Site locations. Please read the materials for your specific country.

2.2 The ABI Wellness Brain Enhance and Recovery System (“BEARS”) program is based on the application of neuroscientific research and is designed to enhance cognitive functions critical for brain health, performance, and general well-being by helping individuals strengthen their cognitive capacities. Our goal is to help individuals reach their goals and have a higher quality of life. The BEARS Program works by selecting or producing a program of cognitive exercises that is suitable for the user (the “Program”) and is delivered by a physical or online licensed site where a user participates in the Program (the “Program Site”). Users of the Program at the Program Site, or those who are seeking to enrol as users, are collectively referred to as “Users” in this Privacy Notice.

2.3 This Privacy Notice applies to Customers and Users of the BEARS Program. By providing your Personal Data to us, whether via our website, via a Program Site, in person, in writing, or over the phone, you acknowledge, understand, accept and consent that Personal Data will be collected, used, disclosed and processed as set out in this Privacy Notice. Further notices highlighting certain uses we wish to make of your Personal Data together with the ability to opt in or out of selected uses may also be provided to you when we collect Personal Data from you.

2.4 Please note that this Privacy Notice does not cover the collection, use, disclosure, and other processing of Personal Data by third parties that are not part of ABI Wellness or or ABI Wellness’s third party suppliers. In particular, this Privacy Notice does not cover the collection, use, disclosure, or other processing of your Personal Data undertaken by a Program Site outside of the BEARS Program Internet portal and you should
refer to the Program Site’s own privacy notice with respect to that data. ABI Wellness is not responsible or liable for the privacy and security practices and policies of such third parties, including the Program Sites.

2.5 The Program Site is required to comply with all applicable data protection law(s). ABI Wellness is not responsible or liable for the Program Site’s compliance with applicable data protection law(s).

3. Country-specific provisions

3.1 In addition to the provisions set out in this Privacy Notice, additional terms and information relating to our processing of your Personal Data may apply to you depending on where you are located. These additional terms are set out as Appendices to this Privacy Notice:

(a) if you are located in Canada, please see Appendix [1] for additional terms and information;

(b) if you are located in the United States, please see Appendix [2] for additional terms and information;

(c) if you are located in Australia, please see Appendix [3] for additional terms and information;

(d) If you are located in New Zealand, please see Appendix [4] for additional terms and information;

4. Personal Data that ABI Wellness collects and processes

3.1 We may collect the following Personal Data:

(a) Information you provide to ABI Wellness (whether directly or via a third party such as one of the Program Sites) ► such as your name, email address, and other contact details. We also collect the name, email address, and other contact details of Facilitators.

In relation to Users only, we will also collect:

i. Enrolment Data: A subset of Personal Data collected by the Program Site during the Program intake process (to establish User’s suitability for the program and to ascertain the correct approach to participating in the Program) directly from the User, such as:

(i) date of birth, gender, and dominant hand;

(ii) Education level and previous Program Site (if appropriate);

(iii) prior medical history, if relevant;

(iv) information relating to medical diagnosis, if relevant, (for example, medical
registration fields); and

(v) Program assessment and exercise results

ii. Assessment and Progress Data: A subset of Personal Data contained within information collected throughout the Program assessment process undertaken by the Program Site, such as:

(i) a personal identifier (that allows us to link back to your enrolment data set from the
assessment data set, where necessary to do so);

(ii) cognitive function characteristics, such as various types of memory, non-verbal thinking,
reasoning, executive functions, auditory speech discrimination; and

(iii) assessment results (following both paper-based and online cognitive tests) per cognitive
function; and

(iv) progress data (measuring student progress in the cognitive programs in comparison against
benchmark data).

iii. Research Data: additional Personal Data specifically for research purposes (as described at paragraph 5.1(e) below) This may include:

(i) standardized neuropsychological tests and measures of quality of life.

(b) Our correspondence ► if you contact ABI Wellness, we will typically keep a record of that correspondence. We may also monitor and record calls in accordance with applicable law;

(c) Device Information ► such as information about your operating system, browser, software applications, geolocation (including IP address), security status and other device information in order to improve your experience, to protect against fraud and manage risk. This information is collected using the data that is provided by the browser or tablet on the ABI Wellness Program Delivery Applications; and

5. Purposes for which we use your Personal Data

5.1 When ABI Wellness collects your Personal Data, ABI Wellness may use or disclose it for the following purposes:

(a) To provide brain health programs and services to you. Our staff may use personal information for administrative and other support functions related to such programs and care including:

(i) program planning, evaluation, and monitoring, including quality improvement.

(ii) system administration.

(iii) privacy and security audits.

(iv) education and training related to our programs; and

(v) as otherwise authorized by PIPA/HIPAA or applicable laws.

(b) To use for billing purposes. ABI Wellness will use and and disclose the personal information for any purpose related to the provision of requested brain health programs and services, including billing you for the provision of such programs and services.

(c)

Research and development ► ABI Wellness will use Personal Data relating to Users to assist us in understanding and improving the effectiveness of the BEARS Program as a whole, including the Programs’ efficacy. This will assist us in helping a wider range of individuals in as effective and efficient a way as possible, as we find out more about what types of cognitive difficulties respond to different features of the Program and analyse trends.

Where we use Personal Data for research purposes, we store it in an entirely separate database from the full database maintained by the Program Site at which the User attends. The Program Site cannot access the research database, and our researchers cannot access the full database. The research data set will be permanently anonymised where we can achieve our research purposes using anonymised data. Otherwise, we will pseudonymise the Personal Data used for research purposes, meaning that the Users’ names and contact details will not be included within the research database. Instead, an identifier code will be used to link the User’s Assessment Data with his/her Enrolment Data, to enable us to conduct research. We do not make any decisions about individual Users based on the outcome of this research.

(d) To comply with legal or regulatory requirements, or as otherwise permitted by law ► ABI Wellness may process your Personal Data to comply with its regulatory requirements or dialogue with its regulators or defend or prosecute claims as applicable, which may include disclosing your Personal Data to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world;

(e) To comply with legal or regulatory requirements, or as otherwise permitted by law ► ABI Wellness may process your Personal Data to comply with its regulatory requirements or dialogue with its regulators or defend or prosecute claims as applicable, which may include disclosing your Personal Data to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world;

(f) To inform you of changes ► to notify you about any changes to ABI Wellness’ services and products including the ABI Wellness Program;

(g) To reorganize or make changes to ABI Wellness’ business ► in the event that ABI Wellness (i) is subject to negotiations for the sale of ABI Wellness’ business or part thereof to a third party, (ii) is sold to a third party or (iii) undergoes a reorganization, ABI Wellness may need to transfer some or all of your Personal Data to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or re-organization. ABI Wellness may also need to transfer your Personal Data to that reorganised entity or third party after the sale or reorganisation;

(h) To communicate effectively with you and conduct ABI Wellness’ business ► to conduct and manage ABI Wellness’ business, including to respond to your queries, to otherwise communicate with you, or to carry out its obligations arising from any agreements entered into between you and ABI Wellness; and

(i) To provide you with our newsletter (which may include promotional material) ► to provide you with our newsletter (which may include marketing and promotional materials), where you have chosen to receive this.

The purposes listed above are a reasonably necessary part of your relationship with ABI Wellness. When your personal information is to be used for a purpose not previously identified, the new purpose will be disclosed to you prior to such use, and your consent will be sought unless the use is authorized or required by PIPA/HIPAA or other law.

6. Disclosing your Personal Data and international transfers

6.1 ABI Wellness may disclose your Personal Data for the purpose(s) identified in sections 5 and 6 of this Privacy Notice.

(a) Sharing outside ABI Wellness: We may disclose your Personal Data to our affiliates listed in Annex A; the Program Site; and third parties, namely employees at our affiliated ABI Wellness companies, the Program Site at which the individual is enrolled, a Program Site that the individual transfers to if the individual requests this, our software developers, our IT service providers, researchers, and regulatory and other authorities. Please note that our servers are located in Canada and the USA and that therefore your Personal Data are stored in these countries.

(b) International transfers: Your Personal Data may be transferred to, accessed in, and/or stored in Canada and the USA. It may also be transferred to other destinations outside of the country in which you are located and in which the data protection laws may be of a lower standard than in your home country. As such, your Personal Data may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws permit such access. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security agencies in those other countries may be entitled to access your Personal Data without notice to you, or your consent, or your ability to object to their access. ABI Wellness will, in all circumstances, safeguard Personal Data as set out in this Privacy Notice to the extent that it is reasonably able. By agreeing to the terms of this Privacy Notice, you expressly agree to international transfers of your Personal Data as described above.

7. Retention of your Personal Data

7.1 ABI Wellness’ retention periods for Personal Data are based on business needs and legal requirements. ABI Wellness retains your Personal Data for as long as is necessary for the collection, use, disclosure, or other processing purpose(s) for which the Personal Data was collected, and any other permissible, related purpose – for example, research. When Personal Data is no longer needed, ABI Wellness either irreversibly anonymises the data (and ABI Wellness may further retain and use the anonymised information) or securely destroys the data.

8. Safeguarding your Personal Data

8.1 ABI Wellness uses commercially reasonable physical, technical, electronic, and procedural safeguards as are appropriate based on the sensitivity of the Personal Data to protect against unauthorized use, access, modification, destruction, disclosure, loss or theft of your Personal Data in ABI Wellness’ custody or control.

8.2 Please note that no data transmission over the Internet or website can be guaranteed to be secure from intrusion.

8.3 All information you provide to ABI Wellness is stored on its or ABI Wellness’ subcontractors’ secure servers and accessed and used subject to ABI Wellness’ security policies and standards. You are responsible for complying with any other security procedures of which you have been notified by ABI Wellness.

9. Your Rights

9.1 ABI Wellness operates in countries with data protection laws that provide different rights to individuals in respect of access, deletion, rectification and limited processing of Personal Data – please see the Appendices for further details as they apply to your location. When you submit a request to exercise your rights, we will need to check your entitlement prior to answering a request. Please note that your rights may be subject to certain exemptions as set out in applicable data protection law(s).

9.2 In general, you have the right to require us to update any inaccuracies in the Personal Data we hold. In order to assist us with this, please contact us as per section 10 below, to inform us of any updates to your Personal Data.

10. Contact Us

10.1 If you have any questions or concerns about our privacy practices, the privacy of your Personal Data or you want to change your privacy preferences, please let ABI Wellness know. The relevant contacts are listed in Annex A.

10.2 If you have any questions or concerns about processing of your Personal Data undertaken by a Program Site, please contact the relevant Program Site directly.

11. Changes to the Privacy Notice

11.1 From time to time, ABI Wellness may make changes to this Privacy Notice. Please check this page regularly for updates.

12.2 This Privacy Notice was last updated on May 25, 2023.

Annex A: ABI Wellness entities

Entity Name Address Data Protection Contact
ABI Wellness Inc

271 – 8661 201 St 2nd Floor

Langley British Columbia V2Y 0G9

Canada

Privacy Officer

info@abiwellness.com
Appendix [1]: Canada Specific Provisions
  1. Application

If you are based in Canada, the provisions of this Appendix [1] apply in addition to the provisions of the Privacy Notice.

2. Consent

If you are based in Canada, it is important to us that we collect, use, and disclose your Personal Data only when we have your consent to do so. Depending on the sensitivity of the Personal Data, your consent may be implied or express. We may collect, use, or disclose your Personal Data without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
Typically, we will seek your consent at the time we collect your Personal Data. In certain circumstances, your
consent may be obtained after collection, but prior to use or disclosure of your Personal Data. If we plan to disclose your Personal Data for a purpose that has not been previously identified (either in the Privacy Notice, this Appendix [1], or otherwise), we will endeavour to advise you of that before such use or disclosure.

You acknowledge and agree, on your own behalf, that by: (a) accessing or using ABI Wellness’ website(s) or services; (b) providing your Personal Data to ABI Wellness; or (c) participating in the Program, you signify your acceptance of the Privacy Notice and consent to be bound by its terms with respect to the collection, use, and disclosure of your Personal Data, as described in the Privacy Notice and this Appendix [1]. By consenting to the collection, use, and disclosure of your Personal Data as described in sections 4 (Personal Information that ABI
Wellness collects and processes), 5 (Purposes for which we use your Personal Data), and 6 (Disclosing your Personal Data and international transfers) of the Privacy Notice, you allow ABI Wellness to fulfil the purposes for which ABI Wellness collects, uses, and discloses your Personal Data.

3. Withdrawal of Consent.

You may change or withdraw your consent at any time, subject to legal or contractual obligations, and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. If you withdraw or vary your consent, we may not be able to provide you with the communications and/or services you request through our website or in connection with the Program. For clarity, if you withdraw your consent, you may not be permitted to participate in the Program

4. Access to your Personal Data

You can ask to access the Personal Data that we have received from or possess about you. If you want to review, verify, delete, or correct such Personal Data, please contact our Privacy Officer.

When requesting access to your Personal Data, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the Personal Data you have requested. If you require assistance preparing your request, please contact our Privacy Officer.

Your right to access the Personal Data that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Data that you have requested. In addition, the Personal Data may have been destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to the Personal Data you have requested, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

5. Application of the Privacy Notice and Appendix [1]

You can ask to access the Personal Data that we have received from or possess about you. If you want to review, verify, delete, or correct such Personal Data, please contact our Privacy Officer.

When requesting access to your Personal Data, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the Personal Data you have requested. If you require assistance preparing your request, please contact our Privacy Officer.

Your right to access the Personal Data that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Data that you have requested. In addition, the Personal Data may have been destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to the Personal Data you have requested, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

6. Changes to the Privacy Notice or this Appendix [1]

If we make any changes to the Privacy Notice (in accordance with section 11 of the Privacy Notice), we will post any revised version of the Privacy Notice on our websites. If we make any material changes we will notify you as required by applicable law, but encourage you to check back often for updates. If we are not able to notify you
personally because we do not have your contact information, we will notify the applicable Program Site and they are required to notify you. Your continued use of our websites, services, or the Programs after an update or amendment to the Privacy Notice means that you consent to the collection, use, disclosure, and other processing of your Personal Data as described in the updated Privacy Notice.

7. Questions and Contact Information

If you have any questions about the Privacy Notice or concerns about how we manage your Personal Data, please contact our Privacy Officer. We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction. We have appointed a Canadian Privacy Officer to oversee compliance with the Privacy Notice. The contact information for our Privacy Officer is as follows:

Email: info@abiwellness.com

Mailing Address: 271 – 8661 201 St 2nd Floor Langley British Columbia V2Y 0G9 Canada

** If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for
sending Personal Data or confidential information to us **

Appendix [2]: United States Specific Provisions
  1. Application

If you are based in the United States, the provisions of this Appendix [2] apply in addition to the provisions of the Privacy Notice.

2. Notice to California Users

You have the right under California law (California Business & Professions Code §22581) to tell Brainex to remove content that you posted on the Brainex website. If you want Brainex to do this or want to discuss doing this, email us at info@abiwellness.com. With some exceptions described in California law, Brainex will do the best it can to
do what you request, but it can’t guarantee that everything will be erased.

Appendix [3]: Australia Specific Provisions
  1. If you are located in Australia the provisions of this Appendix [3] apply in addition to the provisions of the Privacy Notice.
  2. This paragraph 2 applies in addition to section 4 of the Privacy Notice
    2.1 The collection, use and disclosure of your Personal Data in Australia is subject to the Privacy Act 1988 (Cth)
    (Privacy Act) and the Australian Privacy Principles (APPs). When used in the Privacy Notice, the term
    ‘Personal Data’ has the same meaning as ‘Personal Information’ in the Privacy Act.
    2.2 The Personal Data outlined in the Privacy Notice will include your health information, which is deemed ‘sensitive information’ for the purposes of the Privacy Act.

1. This paragraph 3 applies in addition to section 6 of the Privacy Notice

(a) Where ABI Wellness transfers Personal Data from inside Australia to overseas, ABI Wellness may be required to take specific additional measures to safeguard the relevant Personal Data.

(b) Certain countries outside Australia are subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information and therefore no additional safeguards are required to export Personal Data to these jurisdictions.

(c) In countries which do not have these substantially similar protections, ABI Wellness will take steps that are reasonable in the circumstances to ensure that the overseas recipient does not breach the
APPs.

(d) The countries in which overseas recipients may be provided your Personal Data include Canada and the United States.

2. This paragraph 4 applies in addition to section 9 of the Privacy Notice

(a) We will take such steps that are reasonable in the circumstances to ensure your Personal Data is accurate, up-to-date and complete.

(b) In addition to the rights set out at section 9.3 of the Privacy Notice, you may make a request to us to:

(i) access and correct your Personal Data;

(ii) withdraw your consent to use your Personal Data (however, note that by withdrawing consent, you may no longer be able to access some or all of our services); or

(iii) unsubscribe from direct marketing communications

(c) You may also make a complaint to us per section 10 of the Privacy Notice if you believe we have misused your Personal Data in breach of the Privacy Act. We request that these complaints be made in writing, and that you clearly identify yourself with the details of the complaint. You may also wish to contact the Office of the Australian Information Commissioner at

https://www.oaic.gov.au/privacy/privacy-complaints for guidance on alternative courses of action available if you believe we have breached our legal obligations under the Privacy Act.

(d) Your requests and complaints will be subject to any applicable legal obligations imposed on us by the Privacy Act. We endeavour to respond to your requests and complaints (and update any Personal Data accordingly) as promptly and efficiently as possible.

Appendix [4]: New Zealand Specific Provisions
  1. If you are located in New Zealand the provisions of this Appendix [4] apply in addition to the provisions of the Privacy Notice.
  2. This paragraph 2 applies in addition to section 4 of the Privacy Notice.
    2.1 The collection, use and disclosure of your Personal Data in New Zealand is subject to the Privacy Act 2020
    (New Zealand) (“Privacy Act”) and any applicable code issued pursuant to the Privacy Act 2020. When
    used in the Privacy Notice, the term ‘Personal Data’ has the same meaning as ‘Personal Information’ in the
    Privacy Act.
    2.2 The Personal Data outlined in the Privacy Notice will include your health information to which the Health
    Information Privacy Code 2020 applies.
  3. This paragraph 3 applies in addition to section 6 of the Privacy Notice
    (a) Where ABI Wellness transfers Personal Data from inside New Zealand to overseas, ABI Wellness
    may be required to take specific additional measures to safeguard the relevant Personal Data.
    (b) Certain countries outside New Zealand are subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the New Zealand Privacy Act protects the information and therefore no additional safeguards are required to export Personal Data to these jurisdictions.
    (c) In countries that do not have these substantially similar protections, ABI Wellness will take steps that are reasonable in the circumstances to ensure that the overseas recipient is required to protect your Personal Data in a way that, overall, provides comparable safeguards to those required under the
    applicable privacy laws in New Zealand. Examples of these steps include a written agreement between ABI Wellness and the third party or making reasonable enquiries regarding data protection
    standards of the country in which the overseas third party is located,
    (d) You acknowledge and agree to our disclosure of your personal information to organisations in those countries. The countries in which overseas recipients may be provided your Personal Data include Canada and the United States.
  4. This paragraph 4 applies in addition to section 9 of the Privacy Notice
    (a) We will take such steps that are reasonable in the circumstances to ensure your Personal Data is accurate, up-to-date and complete.
    (b) In addition to the rights set out at section 9.3 of the Privacy Notice, you may make a request to us to:(i) access and correct your Personal Data;(ii) withdraw your consent to use your Personal Data (however, note that by withdrawing consent,
    you may no longer be able to access some or all of our services); or(iii) unsubscribe from direct marketing communications
    (c) You may also make a complaint to us per section 10 of the Privacy Notice if you believe we have misused your Personal Data in breach of the Privacy Act. We request that these complaints be made in writing, and that you clearly identify yourself with the details of the complaint. You may also wish
    to contact the Office of the New Zealand Privacy Commissioner at www.privacy.org.nz or 0800 803 909 for guidance on alternative courses of action available if you believe we have breached our legal obligations under the Privacy Act.
    (d) Your requests and complaints will be subject to any applicable legal obligations imposed on us by the Privacy Act. We endeavour to respond to your requests and complaints (and update any Personal Data accordingly) as promptly and efficiently as possible.