Terms and conditions

BrainEmo Brand Warranty

All BrainEmo Brand products have two years guarantee unless otherwise stated. BrainEmo electronic devices have a limited
one year warranty. Please contact info@brainemo.com for repairs, exchanges, or services on your BrainEmo Brand products.

Contact us
In case you have any question about BrainEmo we're here to help. You can reach us either at our email address: info@brainemo.com
or by completing and submitting the following form:

http://www.brainemo.com/contact/

International Resellers

http://www.brainemo.com/resellers/

Privacy Information of BrainEmo

With this privacy policy, BrainEmo would like to inform you how personal data of the user is handled.

Name and address of the responsible

The person responsible within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

Brain Emo di Marinella Chiodo
Viale Matteotti 39
20012 Cernobbio (CO)
Italy
Tel.: +39 031510972
E-Mail: info@brainemo.com
Website: www.brainemo.com

I. General information about data processing

1. Scope of processing of personal data

In principle, we process your personal data only insofar as this is necessary to provide a functioning website and our content and services. The processing of your personal data only takes place with your consent. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain your consent for processing your personal data based on Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract to which you are a party Art. 6 para. 1 lit. b GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, we use Art. 6 para. 1 lit. c GDPR as legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR is the legal basis for processing.

3. Data deletion and storage duration

Your personal data will be deleted or blocked as soon as the purpose for storage is fulfilled. Data stored furthermore if requested by a European or national legislator in EU regulations, laws or other regulations to which we are subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

II. Personal data handling during order processing

As part of the order process, we record your personal data required for the purchase contract such as first name, last name, address, payment information and, if applicable, company name and VAT number. In order to facilitate the conclusion of the contract, you are obliged to provide this data. If the necessary data is not provided, no order or sale can be processed.

During the order process a reference is given to this privacy policy and your acceptance is requested. The collected data will be stored according to the retention periods and then deleted if you have not consented to further storage.

Personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods. We pass on your payment data as part of the processing of payments to the commissioned bank.

a. Use of Paypal

For payment via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" via PayPal, we will transfer your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). PayPal reserves itself for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" via PayPal the execution of a credit check. The result of the credit check on the statistical probability of default is used by PayPal for the purpose of deciding on the provision of the respective payment method. The credit information can contain probability values (so-called score values). Insofar as score values are included in the results of the credit rating, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of score values includes, among other things, address data.

For further data protection information, among other things to the used credit reference agencies, please refer to the privacy policy of PayPal:

www.paypal.com/us/webapps/mpp/ua/privacy-full

b. Goods shipping with FedEx, DHL

If the goods are delivered by a transport service provider, we will forward your e-mail address to the commissioned transport company prior to the delivery of the goods for the purpose of agreeing a delivery date.
List of transportation service providers and their privacy statements:

- FedEx (FedEx Express Germany GmbH, Langer Kornweg34k, 65451 Kelsterbach, Germany, www.fedex.com/de). For more information review their privacy information:

www.fedex.com/de/privacypolicy.html

- DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany, www.dhl.de). For more information review their privacy information:

www.dhl.de/de/toolbar/footer/datenschutz.html

The legal basis for processing the data for the execution of the contract is Art. 6 (1) lit. b GDPR.

The user has the possibility at any time to revoke his consent to the forwarding of his email address to the transport service provider. In this case, we will only give the name of the recipient and the delivery address to the contracted carrier. In this case, it is not possible to agree on the delivery date in advance or to transmit status information of the consignment delivery.

III. Newsletter

On our website you can subscribe to a free newsletter. In the process, the data from the input mask are transmitted when subscribing to the newsletter. The following data is recorded for the newsletter: email address, optionally first name, last name, language.

For the processing your data, your consent is obtained during the registration process and reference is made to this privacy policy.

If you purchase goods or services from us and submit your email address to us, this can subsequently be used by us to send you a newsletter. In such a case, the newsletter will only send as a direct mail for your own similar goods or services.

Email newsletters are sent via the service provider MailUp S.p.A. Viale Francesco Restelli 1 – 20124 Milano, Italia (www.mailup.it), to which we pass on your data for the purpose of newsletter preparation and transmission. Link to the privacy policy of the service provider:

https://www.mailup.it/informativa-privacy/

Your data is used there exclusively for sending you our newsletter.

The legal basis for the processing of the data after the user has registered for the newsletter is the consent of the user Art. 6 para. 1 lit. a GDPR. The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 Abs. 3 UWG.

The collection your email address serves to deliver the newsletter.

The data will be deleted or blocked as soon as they are no longer necessary for the purpose of their collection. The email address of the user is therefore stored as long as the subscription to the newsletter is active.

You can terminate the subscription of our newsletter at any time for future mailings. For this purpose, there is a corresponding unsubscribe link in each newsletter. In addition, you can unsubscribe from the newsletter at any time by sending an email to info@brainemo.com . This also allows a revocation of the consent to the storage of the personal data collected during the subscription process.

IV. Contact forms and email contact

On our website contact forms are available, which can be used for the electronic contact and communication, a voluntary product registration as well as service and repair inquiries. If you use one of these options, the data entered in the input mask is transmitted and stored. For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.

Alternatively, contact via the provided email addresses is possible. In this case, the user's personal data transmitted by email will be stored.

The data is used exclusively for contact processing, product registration and service requests.

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. The legal basis for the processing of the data transmitted in the course of sending an email is Article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

The processing of the personal data from the input mask serves us only to process the contact and communication. In the case of contact via email, this also includes the required legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

The data will be deleted as soon as it is no longer necessary for the purpose of its collection or requested by legal authorities. For the personal data from the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified and the conversion is not connected to a purchase or service contract.

The user has the option at any time to revoke his consent to the processing of personal data by informing us about his revocation via the provided email address. In such a case, the contact request can not be answered. All personal data stored in the course of making contact will be blocked in this case.

V. Use of the reCHAPTCHA service by Google

To protect your requests via the internet form, we use the reCAPTCHA service of Google Inc. (Google). The query is used to distinguish whether the input is made by a human or abusive by automated, mechanical processing. The query includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google.

For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

Google will use this information on behalf of the operator of this website to evaluate your use of this service. The IP address sent by your browser as part of reCaptcha will not be merged with other data provided by Google. This data is subject to the deviating privacy policies of Google.

For more information about Google's privacy policy, please visit:

https://www.google.com/intl/en/policies/privacy/

XII. Your rights and contact

1. Withdrawal from consent

You have the right to revoke your consent with storage of your personal data at any time. The revocation of consent does not affect the legality of the processes carried out on the basis of the consent until the revocation.

2. Right to object

You have the right at any time, for reasons that arise from your particular situation, to object the processing of your personal data pursuant to Art. 6 para. 1 lit. e or f GDPR.

The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of your personal data for the purposes of such advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

3. Information, correction, blocking or deletion your data

Data and settings can be viewed, edited and possibly deleted by the user himself in the account. You have a right to free information about your stored data as well as a right to correct, block, delete, forget or restrict the processing of this data.

4. Contact us

If you have further questions regarding the collection, processing or use of your personal data, please contact us. The same applies to information, blocking, deletion and correction requests regarding your personal data as well as for revocations of granted consent.

The contact address is info@brainemo.com