This Privacy Policy describes the ways in which BRAINYAK, Inc., doing business as GutCheck, and its affiliates and subsidiaries (collectively, “we,” “our,” or “us”) collect, use, and disclose information about you through or any other website, app or portal that links to this policy (collectively the “Site”) and/or your participation as a survey panelist or survey respondent for on-line market research hosted and conducted by GutCheck after your referral to GutCheck by a market research panel provider or a GutCheck client (a “Survey Panelist”). By using the Site, you consent to the processing of your information as set forth in this Privacy Policy, now and as amended by us.

Information Collection

Information You Provide

We and our service providers collect any information you provide when you use our Site, including when you register for an account; participate in polls, surveys, and other research projects (see specific information about this below); apply for a job; or otherwise contact us with a question, comment, or request. The information you provide to us can include, but is not limited to, your name, address, and email address. You have the option to provide demographic information (such as location and gender) to us; we encourage you to submit this information so we can provide you a more personalized experience on our Site. We may also collect information that you provided to business partners, including market research panel providers that referred you to the Site.

Information Collected Through Survey Participation

Your selection for and/or participation in any on-line survey may require you to submit personally identifiable information to GutCheck (“Survey Participation Information”).  This Survey Participation Information will be used for market research purposes and to contact you regarding survey participation and not for direct marketing purposes (however, if you have provided your information to GutCheck in other ways, such as through our website, we may use your information to contact you as set forth below).

In some circumstances, the information you provide may include sensitive personal information (ethnicity, income, education, etc.).  GutCheck collects such sensitive information solely for meeting GutCheck’s (and its client’s) market research goals. Specifically, collecting this sensitive information allows GutCheck and its client to create a balanced audience reflective of a certain consumer population or its segments.  Such information is not collected for any discriminatory purposes.  You will always retain the right not to answer any question with which you do not feel comfortable.

If you are a Survey Panelist, we may share your information with our client for whom the market research is conducted.  In such cases, your information is shared with our client only on an aggregate or anonymous basis.

Information Automatically Collected From You

As is true of most websites, we and our service providers gather certain information automatically from your computer or mobile device over time and across different websites when you use the Site. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site and gather demographic information about our user base as a whole. We and our service providers may collect this information using “cookies,” which are small text files a website can use to recognize repeat users, or similar technologies. We use cookies to recognize visitors and more quickly provide personalized content or grant you unimpeded access to the Site. With cookies enabled, you will not need to fill in password or contact information.

Information gathered through cookies also helps us measure use of our Site. Cookie data allow us to track usage behavior and compile data that we can use to improve the Site. We use a third-party tracking service that uses cookies to track information about visitors to our Site for aggregate reports to capture usage and volume statistics to help us improve our Site. We have no access or control over these cookies.

This privacy statement covers our use of cookies and does not cover the use of cookies by any third party.  Third parties may track users over time and across different unaffiliated websites following a visit to our Site.

Information Collected From Others

We may collect information about you from third party data sources and combine it with the information we collect above. This could include, for example, information we obtain about you from a market research sample provider, a manufacturer, a retailer, or a marketing database with whom you have a relationship or you have consented to share your information.

Information Use

Except for Survey Participation Information, we may use the information we collect for a number of purposes, including, but not limited to: providing you with the information and services you request; conducting market research, both for our own purposes and on behalf of business partners; providing you with information about the Site or required notices; for users of our marketing site only, delivering promotional materials, marketing communications about our services, and updates regarding your account status and billing; performing statistical analyses of user behavior and characteristics, in order to measure interest in use of the Site and determine which other websites refer the most people to the Site; and detecting, preventing, and responding to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Site.

We also may combine or aggregate any of the information we collect through the Site, offline, or elsewhere for any of these purposes.

Communications from the Site

Service-related Announcements

We will send you service-related announcements on rare occasions when it is necessary to do so, for instance, if our Site is temporarily suspended for maintenance.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon the information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.


If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. To opt out, you can contact us through our [support] or follow the unsubscribe instructions included in each promotional email sent to you including the newsletter.

Surveys or Contests

From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic information (such as age, zip code and shopping preferences).


We post personally identifiable testimonials from time to time. We always receive permission to post prior to posting. However, we may post de-identified testimonials at our discretion.

Sharing Information

Except for Survey Participation Information, we may disclose the information we collect from you through the Site: to third parties that provide services to us in connection with our business operations, including, but not limited to, third parties that provide marketing data services; as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site; and to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. To conduct market research, we receive leads from third-party business partners, including our customers and third-party market research sample providers, and we may share information we collect from you through the site to these partners. We do not share personally identifiable information with our business customers interested in market research unless they referred you to us. We may freely share reasonably de-identified information, such as statistical market reports, with any third party.

Third Party Websites

This Site contains links to other sites that are not owned or controlled by BRAINYAK, INC. Please be aware that we, BRAINYAK, INC., are not responsible for the privacy practices of such other sites. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. We encourage you to be aware when you leave our Site and to read the privacy statements of each website you visit. This privacy statement applies only to information collected by this website.

Where is this Information Processed

Information collected through the Site will be processed in the United States or other countries that may not be your home country. As BRAINYAK, Inc. is a United States business, our processing of your information is pursuant to United States law. If you are not located in the United States, you may not receive the same level of protection for your information as afforded in your home country. Your information may be available to the United States government or its agencies under legal process in the United States or where United States law otherwise requires it. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries. By using the Site, you consent to such transfer to, and processing in, the United States and these other countries.

Your Choices

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change by emailing our Customer Support at, or by contacting us by telephone or postal mail at the contact information listed below. We will respond to any request for access within 30 days.

If you do not want the Site to collect information through the use of cookies, you can easily turn off cookies via your web browser. Most browsers have a feature that allows the user to refuse cookies or issues a warning when cookies are being sent. However, our Site will not function properly without cookies. Enabling cookies ensures a smooth, efficient visit to our website.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website,, for more information on this developing area.

General Security Policy Security Statement

BRAINYAK, INC. and is aware of our users’ privacy concerns and strives to collect only as much data as is required to make our users’ experience with BRAINYAK, INC. and as efficient and satisfying as possible. We also aim to collect data in the most unobtrusive manner possible.

BRAINYAK, INC. and utilizes some of the most advanced technology for Internet security commercially available today. When a user accesses secured areas of our site, Secure Sockets Layer (SSL) technology protects user information using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons.

BRAINYAK, INC. and requires users to create a unique user name and password for access to our Site. When you enter that information a session “cookie” is created to record encrypted authentication information for the duration of a specific session. Session cookies expire when you close your browser requiring you to re-enter your login information when you return to You may optionally have remember your authentication information. When you do this stores an encrypted authentication cookie on the computer that you logged in with. This authentication cookie does not include user name or password information. It has a lifetime of one month so if you do not log into for one month you will have to enter your login information again.

In addition, is hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders. The data center is a highly protected environment with several levels of physical access security and 24-hour surveillance.

However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure. Therefore, we cannot guarantee absolute security. If BRAINYAK, INC. and learns of a security systems breach that affects certain users, then we will attempt to notify those users electronically so that they can take appropriate protective steps. BRAINYAK, INC. and may also post a notice on our website if a security breach occurs.

If you have any questions about security on the BRAINYAK, INC. website (, please email us at

Children’s Information

The Site is not directed to children under the age of 13 and we do not collect information directly from children under the age of 13. We may on occasion, for example for market research involving a toy, collect information about children under the age of 13 from parents or a legal guardian. If you become aware that your child or any child under your care has provided us with information, please contact us at the contact information listed below and we will have such information removed.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Your California Privacy Rights

If you reside in California and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing at the following email address:

Contact Us

If you have any questions about this Privacy Policy or our use of your information collected through the Site, please contact us by emailing our Customer Support at or by contacting us by telephone or postal mail at:

Re: Privacy Policy
633 17th Street
Suite 1300
Denver, CO 80202

This Privacy Policy was last updated on October 17, 2016.