_ Terms and Conditions – learning solutions

The BRAIN CONCERT Privacy Policy (the “Privacy Policy”) relates to, and, to the extent necessary, supplements the BRAIN CONCERT Terms of Use which appear at https://www.brainconcert.com/terms-and-conditions/. Unless otherwise provided herein, all terms starting with a capital letter shall have the meaning ascribed to them in such Terms of Use.

1. Definition and nature of Personal Data

During the use of the Brain Concert services (the “Services”) subscribed via the website https://www.brainconcert.com/ (hereinafter referred to as the “Site”), Brain Concert, a limited liability company organized under the laws of Romania, with the headquarter in Bucharest 2nd Aleea Politehnicii, registered with the Trade Register under the no. J40/8673/2011, with the Unique Registration Code RO28876915 (“We”, “Us”, “Our”) may require from Your organization which subscribed to the Services (“You”, “Your” or the “Subscriber”) to provide Us with Personal Data to access and use the Services, or You may need or happen to provide Us with Personal Data for the same purposes. For the purpose of this Privacy Policy, the term “Personal Data” means any data or information that enables the identification of an individual (whether directly or indirectly), such as their family name, first name, photograph, post address, email address, telephone number, data relating to their transactions with You, detail of their orders and subscriptions placed with You, IP address, voice, as well as any other information about them that You provide Us with. It also relates to any personal information of Your employees, agents or representatives provided to Us for the purpose of using the Services.

2. Purpose of this Privacy Policy

This Privacy Policy applies to any individual accessing and using the Services directly or indirectly, whether You make or receive a call. By using the Services, You, Your employees, agents and representatives shall be deemed to agree to, and be obligated to comply with, the terms of this Privacy Policy. We may amend the terms of this Privacy Policy from time to time and shall give You notice thereof by email or via a pop-up on the Site. If You do not agree with the amended version of the Privacy Policy, You should stop using the Services as any use of the Services following such notice constitutes Your acceptance of the new Privacy Policy. All amended terms automatically become effective on the sooner of: a) the day You use the Services; or b) ten (10) days after the new Privacy Policy is posted on the Site, provided that You did not inform Brain Concert of Your refusal of the new version of it, which would amount to a termination notice of the Services with immediate effect, with all due consequences as provided in the Terms of Use. Should We add new consent-based processing of Personal Data, We shall ensure to obtain Your consent therefor prior to processing such Personal Data (e.g. via a box to tick). You shall remain at all times responsible for complying with all laws and regulations, in particular those regarding Personal Data.

We may indeed process Personal Data We collect for the limited purposes described in this Privacy Policy, and thereby act as Data Controller for those limited purposes only. However, and outside of the scope of these limited instances, You shall be considered the Data Controller, and we shall act solely as a Data Processor, as regards the processing of Your information for the purpose of providing the Services.

In that capacity and within the scope of the Services, You are exclusively responsible in particular for:making any declarations necessary to the relevant data protection authority; complying with its obligations as Data Controller under all applicable laws and regulations informing you about their Data Processing practices and, if required, obtaining your explicit consent when collecting your Personal Data; ensuring they have the authority to use any Personal Data collected in accordance with the defined purposes and refraining from any unauthorized use.