4. Information We Collect

Welcome to the BrainSpan website (www.brainspan.com). BrainSpan knows how our clients and visitors like you value your privacy, and we have created this privacy policy to ensure that you understand our policies and procedures, what personally identifiable information you must provide if you wish to use the Site and, ultimately, just how we use such personally identifiable information. This policy applies only to the website located at www.brainspan.com, as well as to aspects of your patient portal, securely accessed at portal.brainspan.com after you receive your report. If you do not agree with this policy, then you should not use either sites.

Personally Identifiable Information Collected By BrainSpan

BrainSpan may collect and store personally identifiable information about you if you voluntarily submit such information to BrainSpan. Personally identifiable information may include your name, email address, physical address and other information that specifically identifies you.

Non-Personally Identifiable Information Collected by BrainSpan

BrainSpan may also automatically collect (through cookies, described below, and other methods) and store aggregate or anonymous information about user contact with and use of the Site. Examples of this type of information include demographic information, the type of internet browser you are using, the type of computer operating system application software and peripherals you are using, the domain name of the website from which you linked to our Site and your browsing habits on and usage of the Site. Non-Personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the Site).

How We Use Your Personally Identifiable Information

BrainSpan will only use your personally identifiable information as described in this policy.

When you register on our website, BrainSpan may use the personally identifiable information we collect to contact you about our products and services or those of our clients or other third parties from time to time. Except for the parties described below, we do not sell or share your personally identifiable information with third parties without your consent. We may share your personally identifiable information with our clients (if they have agreed to comply with privacy protections similar to those set forth in this policy), companies that are affiliates of BrainSpan, technical consultants and other third parties who make our Site available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to BrainSpan).

Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.

We reserve the right to transfer any information to our successors in business and purchasers of Site assets or a particular division or line of business.

We also reserve the right to access and/or disclose any information as required by courts or administrative agencies and to the extent necessary to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which BrainSpan deems improper.

How We Use Your Non-Personally Identifiable Information

We may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes.

5. Cookies, Links, Security

We may use cookies and similar technologies to collect non-personally identifiable information from you and to customize your use of the Site. A cookie is a small data file that certain websites write to your hard drive when you visit them. We may also use web bugs, clear gifs and similar technologies that collect data similar to that collected by a cookie. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you have visited.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable cookies or refuse to accept a cookie, you may not be able to utilize all features of the Site.

At times, some of our advertisers and their ad service providers set cookies when you click their advertising banners. While we use cookies in other parts of the Site (as discussed above), cookies received with banner ads are collected by those advertisers and their ad service providers. The advertiser’s privacy policy and/or that of its service provider will govern the use of this information and BrainSpan is not responsible for the privacy practices of such advertiser or ad service provider.

Links

The Site may contain links to websites maintained by third parties. BrainSpan is not responsible for the privacy practices of such third party sites. You should carefully read their own privacy policies before providing any information to such third parties.

Security

We are committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put into place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers and your use of the Site demonstrates your assumption of this risk.

6. Children

This Site is not intended for users under the age of 13, and we have no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). If a parent or guardian learns that a child has provided us with personally identifiable information, that child’s parent or guardian should send us a request marked “Privacy — Urgent” to info@brainspan.com if they would like the information submitted by the child deleted from our database. We will use all reasonable efforts to delete such information from our database.

7. Consent to Participate in Research

BrainSpan aims to make and support scientific discoveries and publish those discoveries in scientific journals. We invite you to take part in this project, which we call BrainSpan Life Sciences (“BrainSpan”) Research. To get started you must agree to the terms in our full consent document (below) that are part of our overall Terms of Service, which you agree to during the checkout process. Please note that any capitalized terms have the definitions given in the Terms of Service and the Privacy Policy.

One of BrainSpan's missions is to make and support meaningful scientific discoveries by enabling its customers to participate directly in research. BrainSpan has enrolled participants from among its customers in this project, which we call BrainSpan Research. Specifically, BrainSpan Research refers to research aimed at publication in peer- reviewed journals and research funded by the federal government (such as the National Institutes of Health - NIH). The BrainSpan Research study aims to uncover connections among various human and animal health issues and lifestyle choices and the gut Fatty Acids and Cognitive Function, in order to further the overall science and understanding of the role that the Fatty Acids and Cognitive Function plays in health and wellness. 

For further details on BrainSpan's other uses of personal information, see our Privacy sections above.

BrainSpan seeks your voluntary participation in BrainSpan Research. This document explains the following items: 

1. What you are agreeing to if you consent, 

2. How you can participate, 

3. How your data will be used, 

4. How we protect your data and keep it private, 

5. The benefits and risks of participation,

6. Your options and how to withdraw, and 

7. Who to contact if you have questions. 

1. What am I agreeing to if I consent? 

Giving consent by agreeing to the Terms of Service at checkout and/or registration means that you agree to let BrainSpan researchers use your Fatty Acids and Cognitive Function & Self-Reported Information for BrainSpan Research, as described above. "Fatty Acids and Cognitive Function & Self-Reported Information" refers to: 

∙ Your Fatty Acids and Cognitive Function results and related data 

∙ Information you enter during registration of your kit

∙ Your (or your child’s) age and ethnicity 

Self-Reported Information includes any information you submit. We may also use the results of further analysis of your sample in BrainSpan Research. Your Fatty Acids and Cognitive Function & Self Reported Information does not include identifying Registration Information you provided when you purchased a test or created an account (such as name, address, email address, user ID, password, or credit card information). 

2. How do I participate? 

Participation consists of (1) allowing BrainSpan researchers to use your Fatty Acids and Cognitive Function & Self-Reported Information for BrainSpan Research, and (2) entering data about yourself, or your child, into BrainSpan Research features on the BrainSpan website, or submitting it to BrainSpan through various features. These features include Fatty Acids/Cognitive Metrics, individual questions, and other features where you enter information. If you do not feel comfortable providing a piece of information, you may choose not to answer that question. You may choose to take all, some, or none of the Fatty Acids/Cognitive Metrics. 

The BrainSpan Research study is open-ended: new Fatty Acids/Cognitive Metrics and features may be added on a continuing basis. If new Fatty Acids/Cognitive Metrics or features are added, you may receive an email update or see an announcement when you sign into your account. We might invite you to participate in a specific study if your Fatty Acids and Cognitive Function & Self-Reported Information matches the area of interest. If you wish not to be contacted about future studies, please opt-out of these communications by emailing us at Support@BrainSpan.com 

Your participation in the BrainSpan Research study is completely voluntary. 3. How will my data be used in BrainSpan Research? 

Your Fatty Acids and Cognitive Function & Self-Reported Information may be used to discover links between the gut Fatty Acids and Cognitive Function and various states of health and wellness, lifestyle choices and biology. Discoveries made as a result of this research could be used to understand the basic causes of disease, develop drugs or other treatments and/or preventive measures, or predict a person's risk of disease. The topics to be studied span a wide range of traits and conditions, from common to rare. Some of these studies may be

sponsored by or conducted on behalf of third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. 

This study may cover potentially sensitive topics such risk of cognitive decline and dementia. In the event we collect this type of sensitive information, BrainSpan and its research partners will protect the privacy of this information in accordance with applicable laws. 

4. How do you keep my data protected and private (whether or not I consent)? 

BrainSpan's Privacy Policy in its Terms of Service outlines how the company protects your privacy while conducting business, such as providing our services to you. BrainSpan uses a range of physical, technical, and administrative procedures to protect the privacy of your personal information, including your genetic data and your Fatty Acids/Cognitive Metrics responses. 

If you agree to participate in BrainSpan Research, BrainSpan researchers can use your data for research that will be published in scientific journals, or that is sponsored by the National Institutes of Health and certain other organizations. In the event any research is published, we will not include any identifying information that would make it likely that anyone could identify you or your child. 

Just as BrainSpan aims to minimize the chances of a privacy breach while conducting its business, BrainSpan researchers aim to minimize the chances of a privacy breach while conducting research. Here are the main ways we do that: 

∙ The BrainSpan researchers who conduct the statistical analyses do not have access to Registration Information (name, address, email address, user ID, password, or credit card) of customers, 

∙ BrainSpan researchers who interact with research participants and conduct interviews have access to names and contact information of participants, but only to very limited Fatty Acids and Cognitive Function and other personal information necessary to conduct interviews 

∙ To minimize the chance that an external person can determine that any particular customer is part of a study, BrainSpan researchers either: 

o publish only data de-identified and pooled across multiple customers, or o publish only very limited, non-identifying information of a single individual 

5. What are the benefits and risks of participation? 

Benefits: One of BrainSpan's missions is to make meaningful scientific contributions by enabling its customers to participate directly in Fatty Acids and Cognitive Function research. If BrainSpan publishes study results in peer-reviewed journals, there may be an indirect benefit to BrainSpan as scientific knowledge increases and/or new drugs or tests are developed. You may also have the opportunity to acquire one or more of the following, in return for some level of participation in the research: 

∙ Comparison of your personal Fatty Acids/Cognitive Metrics responses to those of all responders, additional information about the Fatty Acids and Cognitive Function, Fatty Acids and Cognitive Function research or the BrainSpan study, and/or preliminary research findings (all other participant responses will have all personal identifier removed before comparisons are shared with you), and 

∙ There may be additional benefits to participation that are currently unforeseeable. 

Based on the results of this study, BrainSpan may develop intellectual property, including but not limited to patents, copyrights and trademarks, and/or BrainSpan may commercialize products or services, directly or indirectly. In such cases you will not receive any compensation. 

Risks: There are some potential risks to participating in the BrainSpan Research study, including the following: 

∙ Some Fatty Acids/Cognitive Metrics questions or data comparisons may make you or your family members uncomfortable. 

∙ Your Fatty Acids and Cognitive Function Results, Fatty Acids/Cognitive Metrics responses, and/or personally identifying information may be compromised in the event of a security breach. In the event of such a breach, if your data are associated with your identity, they may be made public or released to third parties. In addition, if you or a family member has Fatty Acids and Cognitive Function Results linked to your name or your family member's name in a public database, someone who has access to your BrainSpan Fatty Acids and Cognitive Function Results might be able to link that data to your name or your family member's name through the publicly available research data. Although BrainSpan cannot provide a 100% guarantee that your data will be safe, BrainSpan has strong policies and procedures in place to minimize the possibility of a breach. 

∙ When BrainSpan researchers publish results from this ongoing study, they may include your Fatty Acids and Cognitive Function & Self-Reported Information but only as part of a summary across enough people to minimize the chance that your personal information will be exposed. Identification of your individual-level data from those summaries would be extremely difficult, but it is possible that a third party that has obtained some of your Fatty Acids and Cognitive Function data could compare that partial data to the published results and infer some of your other personal information. 

∙ As with any online service, if you disclose your account password to others, they may be able to access your account and your Fatty Acids and Cognitive Function & Self- Reported Information. 

∙ There may be additional risks to participation that are currently unforeseeable.

None of the Fatty Acids/Cognitive Metrics or other procedures used by the researchers in the BrainSpan  Research study is invasive or experimental. The procedures involved do not involve  more than the minimal risks described above. 

6. Do I have any alternatives? Can I withdraw from this study? 

Your alternative is not to participate in the BrainSpan Research study. If you choose not to give consent for BrainSpan Research, your Fatty Acids and Cognitive Function & Self-Reported Information may still be used for other purposes, as described in our Privacy Policy. If you do give consent to participate in this study, you may choose not to take BrainSpan Research Fatty Acids/Cognitive Metrics or use other BrainSpan Research features. 

At any time, you may choose to change your consent status to either take part in BrainSpan Research or to withdraw all or some of your Fatty Acids and Cognitive Function & Self-Reported Information (including your Sample) from BrainSpan Research. Simply send an email to Support@BrainSpan.com to make such a request. If you withdraw all or some of your Fatty Acids and Cognitive Function & Self-Reported Information, BrainSpan will prevent that information from being used in new BrainSpan Research initiated after 30 days from receipt of your request (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research on your Fatty Acids and Cognitive Function & Self-Reported Information (including your Sample) that has been performed or published prior to this date will not be reversed, undone, or withdrawn. Choosing not to give consent or withdrawing from BrainSpan Research will not affect your access to your Fatty Acids and Cognitive Function Results or to the BrainSpan Services. 

In addition, the BrainSpan Research study may be terminated without your consent. In the following cases, BrainSpan will maintain your Fatty Acids and Cognitive Function & Self-Reported Information according to the terms of our Privacy Statement: 

1. Transfer of ownership. If BrainSpan undergoes a business transition such as an acquisition or merger, the BrainSpan Research study may be terminated. In such case, your Personal Information would remain subject to the promises made in any pre existing Privacy Policy. 

2. Termination of service. BrainSpan may terminate your access to the BrainSpan Service for any reason in its sole discretion. If your access to the BrainSpan Service is terminated for any of these reasons, your participation in the BrainSpan Research study may also be terminated. 

7. Who do I contact if I have questions? 

If you have general questions and need help with BrainSpan's service, please contact: ∙ Support@BrainSpan.com 

∙ If you have any questions or concerns about the BrainSpan Research study, if you suffer a research-related injury, or if you have a question about subjects' rights, please contact the following: 

∙ BrainSpan Human Protections Administrator: 

o Email: Support@BrainSpan.com

PLEASE READ CAREFULLY BEFORE CLICKING REGISTER ON YOUR KIT

By clicking “Register” on your BrainSpan Test Kit, for our Terms of Service agreement, I also confirm that I have read and understand this BrainSpan Consent to Participate in Research. If I am consenting to allow my child to participate in BrainSpan Research, I am authorized to consent on behalf of my child, and I have discussed the study with him/her. If my child is thirteen years or older, my child has agreed (“assented”) to take part. 

I understand my or my child’s participation is voluntary, and that I am free to withdraw myself or my child at any time, without giving a reason, and without affecting my access to other BrainSpan Services. I understand that by clicking “I agree” I am not waiving any legal rights that I or my child otherwise have. 

I understand that information described above, including my Fatty Acids and Cognitive Function Results, will be viewed by responsible individuals representing the BrainSpan or its research partners, supervisory bodies, or regulatory authorities where it is relevant to taking part in this research. 

I agree that my or my child’s Fatty Acids and Cognitive Function Results & Self-Reported Information (including the Samples) may be used as described in this BrainSpan Consent to Participate in Research and the accompanying Privacy Policy and Terms of Service. 

I can print a copy of this BrainSpan Consent to Participate in Research to keep for my records.

8. FAQs on Research and Research Consent

Here are key points you need to know to participate in research:

How do I take part in BrainSpan Research? 

∙ Take Fatty Acids/Cognitive Metrics or otherwise enter information about yourself into the BrainSpan website. You choose which Fatty Acids/Cognitive Metrics to take and which questions to answer. 

Can my child take part in BrainSpan Research? 

∙ Your child may take part in BrainSpan Research if he or she gives assent to participate and a parent or legal guardian authorizes BrainSpan to use his or her Fatty Acids and Cognitive Function & Self Reported Information for research. For purposes of this consent document, “Your” includes your child, if you are consenting on their behalf. 

Which of my personal information is used for research? 

∙ Your Fatty Acids and Cognitive Function and any other personal information you enter into the website, except for your Registration Information (name, contact information, and credit card information), may be analyzed in the research. 

∙ Your name and contact information may be used to communicate with you but are not analyzed in combination with your genetic and other personal information. 

Who gets to see my personal information? 

∙ BrainSpan's privacy statement outlines who does and does not get access to the personal information of BrainSpan customers; here we list the additional individuals who will get access if you consent to take part in research. 

∙ Within BrainSpan and BrainSpan Third Party Labs: BrainSpan researchers who conduct analyses will have access to your Fatty Acids and Cognitive Function and other Self-Reported Information, but not to your name, contact, or credit card information. BrainSpan researchers who contact you will have access to names and contact information, but only to very limited Fatty Acids and Cognitive Function or other Personal Information. 

∙ Outside of BrainSpan: BrainSpan may share some data with external research partners and in scientific publications. These data will be summarized across enough customers to minimize the chance that your Personal Information will be exposed. BrainSpan may need to share the information with other agencies as required by law.

How will I benefit from this research? 

∙ By taking Fatty Acids/Cognitive Metrics you may learn about BrainSpan's research findings, including how your answers compare with those of others and new discoveries made by BrainSpan's research program. 

∙ Sometime in the future you or your family may benefit indirectly from research discoveries made by BrainSpan or its research partners. 

What are the risks of taking part in this research? 

∙ There is a very small chance that someone with access to the research data or results could expose personal information about you. BrainSpan has security policies and practices in place to minimize the chance of such an event. 

Can I stop taking part in BrainSpan Research? 

∙ Yes, you can withdraw yourself, your child, or your pet from BrainSpan Research at any time. Any of your data that have already been used as part of a study cannot be withdrawn, but your data will not be included in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). To withdraw, simply send your request to  Support@BrainSpan.com.