Brett Privacy Policy

This Privacy Policy explains, in detail, how Parker Management, Inc., which owns the Brett App and offers it, including at askbrett.app (the "Company," "we," "us" or "our"), collects, uses, records, discloses, transfers, stores, retains, protects and otherwise processes personal information in connection with the Brett desktop application, Brett plugins, the license and update service that supports them, and every related website, email and service (collectively, "the Brett App"). It also explains the choices and rights that may be available to you. This Privacy Policy forms part of, and is incorporated into, the Brett Software and Plugin License Agreement and Terms of Use (the "Terms"). Capitalized terms that are used but not defined in this Privacy Policy have the meanings given to them in the Terms.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY SIGNING IN TO, GENERATING, DOWNLOADING, INSTALLING OR USING THE BRETT APP, OR BY CHECKING A BOX OR CLICKING A BUTTON INDICATING YOUR AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND, TO THE EXTENT CONSENT IS THE LEGAL BASIS FOR PROCESSING UNDER APPLICABLE LAW, YOU CONSENT TO THE COLLECTION, USE, RECORDING, DISCLOSURE AND CROSS-BORDER TRANSFER OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE BRETT APP.

1. Who Is Responsible for Your Information

1.1 The Company is responsible for the personal information described in this Privacy Policy and acts as its controller or, as the term is used in some jurisdictions, the organization accountable for it. Questions, requests and complaints about privacy may be directed to our privacy contact at [email protected], or by mail to Parker Management, Inc., 1823 Stampede Ave, STE A, Cody, WY 82414, United States. Where applicable law requires the designation of a person in charge of the protection of personal information (for example, under Quebec law) or a data protection representative, that person may be reached at the same contact details.

1.2 Scope. This Privacy Policy applies to personal information about practitioners and other individuals who purchase, sign in to or use the Brett App ("you"). It does not apply to: (a) information that you enter into, upload to, or receive from any Third-Party AI Service, such as Claude by Anthropic or ChatGPT by OpenAI, which is processed by the provider of that service under its own privacy policy and terms, and which the Company does not receive, see, store or control; (b) information about your Clients, which you must not provide to us; or (c) any website, product or service of a third party, even if linked from or used together with the Brett App.

2. Information We Collect

We collect only the information reasonably necessary for the purposes described in Section 3. Depending on how you interact with the Brett App, the categories of personal information we collect include the following.

2.1 Account, purchase and license information. Your name, email address, telephone number (if provided), business or practice name (if provided), customer and contact identifiers, Brett modules and products you have purchased, your license status (including whether it is active, suspended or revoked), your device limit and location rule, purchase and transaction records (such as product, date, amount and order identifiers, but not full payment card numbers, which are handled by our payment processors), and your communications with us.

2.2 Sign-in and session information. The email address you enter when requesting a sign-in link, the date and time of each request, single-use sign-in codes, the session token issued to your computer (stored on your computer in the macOS Keychain and on our servers), and the date and time of each license check.

2.3 Device and technical information. The name of your computer (for example, "Jane's MacBook Pro"), a device identifier derived from your computer's hardware identifier, your Brett application version and build number, your macOS version, your computer's time zone and locale, the AI app your license is activated for (Claude or ChatGPT), which AI app started the Brett App, and the identifier of the account that AI app on your computer is signed in to (for Claude, Claude's account ID; for ChatGPT, the user and workspace identifiers that the ChatGPT app stores), but not that account's email address, password, sign-in tokens or any conversation contents, used to check that your license is used in one AI app with one account, and, for update checks, the information your application sends when it checks for and downloads updates.

2.4 Network and location information. Your Internet Protocol (IP) address and the approximate location (city, region or state, and country) derived from that IP address by our hosting provider at the time of a sign-in, license check, update request or recorded event. We do not collect precise geolocation, GPS coordinates or Wi-Fi location data.

2.5 Consent and activity records. Records of your acceptance of the Terms and of this Privacy Policy (including the version of each document, the date and time of acceptance, your IP address and approximate location, your computer's name and device identifier, and your application and operating system versions), and records of key actions you take in the Brett App, including each sign-in, the platform you select (Claude or ChatGPT), each plugin you generate, and each plugin file you save, including the file name. Each such record is time-stamped.

2.6 Usage and fair-use records. Records of how the Brett App is used through your Third-Party AI Service, such as the number and kind of requests, which reference files and passages were provided, how many requests were refused and why, and fair-use records: which fair-use rule was triggered, any warning or suspension, and, for a request that appears intended to copy Content, which phrase from our fixed list it matched. We do not record the text of your requests, your conversations or any Output. We use these records to provide and secure the Brett App, to enforce the Terms (including fair use) and to understand how the Brett App is used.

2.7 Support and communications information. The content of emails and messages you send us, including any information you choose to include, and records of emails we send you, including sign-in link emails and whether they were delivered.

2.8 Information we do not intentionally collect. We do not intentionally collect, and you must not provide to us, any health information, laboratory results, intake forms or other information about your Clients, or any sensitive personal information about yourself beyond what is described above. The Brett application does not read, scan or transmit the contents of your files, your conversations in any Third-Party AI Service, or your Inputs or Output.

3. How and Why We Use Your Information

We use personal information for the following purposes, and, where the law of your jurisdiction requires a legal basis for processing, we rely on the legal basis indicated.

• (a) To provide and license the Brett App, including verifying your purchase, sending you sign-in links, signing you in, registering and recognizing your computers, enforcing device limits and location rules, checking that your license remains valid, generating plugins associated with your email address, and delivering the plugin files you request. Legal basis: performance of our contract with you.
• (b) To create and keep reliable records of your agreement and activity, including evidence that you accepted the Terms and this Privacy Policy, which version you accepted, when, and from where, and records of the plugins you generated and saved. Legal basis: our legitimate interests in proving the formation and terms of our contract, protecting our intellectual property and defending legal claims; compliance with legal obligations; and, where required, your consent.
• (c) To protect the Brett App and its content, including detecting, investigating and preventing license sharing, unauthorized distribution of plugins or content, fraud, abuse, security incidents and violations of the Terms, and identifying the licensee associated with a plugin file. Legal basis: our legitimate interests and those of Brett Hawes in protecting proprietary content and preventing fraud.
• (d) To deliver updates, including determining whether an update is available for your version and computer, confirming that your license entitles you to it, and delivering it automatically. Legal basis: performance of our contract with you and our legitimate interests in keeping the Brett App secure and working.
• (e) To provide support and communicate with you, including responding to requests, sending service, security, license, legal and administrative messages, and notifying you of changes to the Terms or this Privacy Policy. Legal basis: performance of our contract and our legitimate interests.
• (f) To maintain, analyze and improve the Brett App, including troubleshooting, understanding which features and platforms are used, and planning improvements, using aggregated or de-identified information wherever reasonably possible. Legal basis: our legitimate interests.
• (g) To send marketing communications, where permitted by applicable law and, where required, only with your consent. You may withdraw consent or opt out at any time using the unsubscribe link in any marketing email or by contacting us. Legal basis: consent or, where permitted, legitimate interests.
• (h) To comply with law and protect rights, including complying with legal obligations, court orders and lawful requests from public authorities; establishing, exercising or defending legal claims; enforcing the Terms; and protecting the rights, property and safety of the Company, Brett Hawes, our users and others. Legal basis: compliance with legal obligations and our legitimate interests.

We do not use your personal information to make decisions based solely on automated processing that produce legal or similarly significant effects on you, other than the automated license checks described in this Privacy Policy and the Terms, which determine whether the Application unlocks on your computer. If you believe a license decision is incorrect, you may contact us and a person will review it.

4. Where Your Information Is Recorded: Our Customer Relationship Management System

4.1 We record account, license, consent and activity information, including the consent and activity records described in Section 2.5 with your IP address, approximate location, date and time, as fields and as time-stamped notes in your contact profile in our customer relationship management (CRM) system, which is provided by HighLevel, Inc. (also known as LeadConnector). Our license and update service, which is hosted by Cloudflare, Inc., creates these records automatically when you sign in, accept the Terms and this Privacy Policy, generate a plugin and save a plugin file.

4.2 Authorized Company personnel and service providers who need access to perform their duties may view these records, for example to provide support, investigate suspected license sharing, or respond to a legal claim.

5. How We Disclose Your Information

We do not sell your personal information, and we do not share it for cross-context behavioural advertising, as those terms are defined under applicable law. We disclose personal information only as described below.

• (a) Service providers. We disclose information to service providers who process it on our behalf under written obligations of confidentiality and data protection and only for the purposes we specify, including: HighLevel, Inc. / LeadConnector (CRM, contact records, notes and email delivery); Cloudflare, Inc. (hosting of our license and update service, key-value storage of sign-in codes and sessions, storage and delivery of updates, network security, and derivation of approximate location from IP addresses); payment processors and e-commerce providers that handle your purchase; email providers; and professional advisors such as lawyers, accountants and auditors.
• (b) Brett Hawes and related parties. We may disclose information to Brett Hawes and to companies affiliated with the Company or with Brett Hawes, where reasonably necessary to provide the Brett App, administer licenses, protect content, or defend legal claims.
• (c) Legal and safety. We may disclose information where we believe in good faith that disclosure is required or permitted by law, or is reasonably necessary to comply with a legal obligation, court order, subpoena, warrant or lawful request; to enforce the Terms; to investigate or prevent fraud, unauthorized distribution, security incidents or illegal activity; or to protect the rights, property or safety of the Company, Brett Hawes, our users or others.
• (d) Business transfers. We may disclose or transfer information in connection with any actual or proposed merger, acquisition, financing, reorganization, sale of all or part of our business or assets, or similar transaction, including during due diligence, subject to appropriate confidentiality protections. The recipient may continue to use your information as described in this Privacy Policy.
• (e) With your direction or consent. We may disclose information to any other person at your direction or with your consent.

6. International Transfers

The Company and its service providers may store and process personal information in the United States, Canada and other countries where they or their sub-processors maintain facilities, which may be outside the province, state or country where you live. Those countries may have data protection laws that differ from, and may be less protective than, the laws of your jurisdiction, and information stored there may be accessible to courts, law enforcement and national security authorities of those countries under their laws. Where required by applicable law, we rely on appropriate safeguards for such transfers, such as standard contractual clauses approved by the European Commission or the United Kingdom, and we assess the risks of transfers as required by law. By using the Brett App, you acknowledge these transfers.

7. How Long We Keep Your Information

7.1 We retain personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, including to provide the Brett App, to comply with our legal, tax, accounting and reporting obligations, to resolve disputes, and to establish, exercise or defend legal claims.

7.2 In general: sign-in codes expire after fifteen (15) minutes; session records expire after seven (7) days without a successful license check; account, license, device, consent and activity records (including the notes described in Section 4) are retained for as long as your license is active and for up to seven (7) years after your license ends, or for any longer period required by law or reasonably necessary in connection with an actual or anticipated legal claim, investigation or dispute. Consent records are retained for as long as needed to prove your agreement to the Terms, because they may be required to defend claims long after a license ends.

7.3 When personal information is no longer required, we delete it, de-identify it or securely archive it until deletion is possible.

8. How We Protect Your Information

We use reasonable administrative, technical, physical and organizational safeguards designed to protect personal information against loss, theft and unauthorized access, use, disclosure, copying, modification and destruction, appropriate to the sensitivity of the information. These include encrypted connections (HTTPS) between the Application and our servers, storage of your session token in the macOS Keychain rather than in ordinary files, single-use and short-lived sign-in codes, access controls limiting who may view CRM records, and contractual protections with our service providers. However, no method of transmission over the internet or of electronic storage is completely secure, and we cannot and do not guarantee absolute security. You are responsible for keeping your email account, computers and sign-in links secure. Where required by law, we will notify you and the relevant authorities of a security breach affecting your personal information.

9. Your Choices and Rights

9.1 Rights that may be available to you. Subject to the conditions, exceptions and limitations of the law of your jurisdiction, you may have the right to: (a) know and access the personal information we hold about you and obtain a copy of it, including in a portable, structured and commonly used format; (b) request correction of inaccurate or incomplete information; (c) request deletion of your information; (d) withdraw consent where we rely on consent, without affecting the lawfulness of processing before withdrawal; (e) object to or request restriction of certain processing, including processing based on legitimate interests and direct marketing; (f) be informed about, and, where applicable, request human review of, automated decisions; (g) opt out of the sale or sharing of personal information or of targeted advertising, although we do not sell or share personal information for those purposes; and (h) not be discriminated against for exercising your rights.

9.2 Effect of exercising rights. Some information is essential to the license. If you ask us to delete your account information, withdraw consent to essential processing, or object to the recording of consent and activity records, we may be unable to continue providing the Brett App, and your license may end. We may retain certain information despite a deletion request where permitted or required by law, including consent and activity records needed to establish, exercise or defend legal claims, to prevent fraud and unauthorized distribution, or to comply with legal obligations.

9.3 How to make a request. Send your request to [email protected] from the email address associated with your license, or provide enough information for us to verify your identity. We will respond within the time required by applicable law (generally thirty (30) days in Canada and the European Union and forty-five (45) days in California, subject to permitted extensions). You may authorize an agent to make a request on your behalf where the law permits, and we may require proof of the authorization and verification of your identity. We do not charge a fee for reasonable requests, except where the law allows.

9.4 Complaints. If you are not satisfied with our response, you may have the right to complain to a data protection or privacy authority, such as the Office of the Privacy Commissioner of Canada, the Commission d'accès à l'information du Québec, a provincial privacy commissioner, a European Union supervisory authority, the United Kingdom Information Commissioner's Office, the Office of the Australian Information Commissioner, or the attorney general or privacy agency of your state. We encourage you to contact us first so we can try to resolve your concern.

10. Additional Information for Specific Jurisdictions

10.1 Canada. We process personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial private-sector privacy laws. Where we rely on consent, it may be express or implied depending on the sensitivity of the information and your reasonable expectations, and you may withdraw consent subject to legal and contractual restrictions and reasonable notice. For residents of Quebec, we comply with the Act respecting the protection of personal information in the private sector, as amended, including by designating a person in charge of the protection of personal information, conducting privacy impact assessments for transfers outside Quebec where required, and informing you of the use of any technology that allows you to be identified, located or profiled. The approximate location derived from your IP address is used to enforce location rules attached to your license, as described in the Terms.

10.2 United States, including California and other states. Within the preceding twelve (12) months, we have collected the following categories of personal information described in the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the "CCPA"), and comparable state laws: identifiers (such as name, email address, IP address, device identifier and customer identifiers); customer records (such as purchase and license information); commercial information (such as products purchased); internet or other electronic network activity information (such as sign-ins, license checks, update requests and recorded events); approximate geolocation data (derived from IP address); and professional information (such as practice name, if provided). We collect this information from you, from your computer, and from our service providers, for the business and commercial purposes described in Section 3, and we disclose it to the categories of recipients described in Section 5. We do not sell or share personal information, have not done so in the preceding twelve (12) months, and do not knowingly sell or share the personal information of anyone under sixteen (16). We do not collect sensitive personal information for the purpose of inferring characteristics. Residents of California and of other states with comprehensive privacy laws (including Colorado, Connecticut, Virginia, Utah, Texas, Oregon and others) may exercise the rights described in Section 9 and, where applicable, appeal our decision on a request by replying to our response; if we deny your appeal, you may contact your state attorney general.

10.3 European Economic Area, United Kingdom and Switzerland. Where the EU GDPR, UK GDPR or Swiss Federal Act on Data Protection applies, the legal bases for our processing are described in Section 3, international transfers are addressed in Section 6, and your rights are described in Section 9, including the right to lodge a complaint with a supervisory authority in the country where you live, work or believe an infringement occurred. Where we rely on legitimate interests, we have balanced those interests against your rights and freedoms, and you may contact us for more information about that assessment.

10.4 Australia and other jurisdictions. Where the Australian Privacy Act 1988 or another privacy law applies, we handle personal information in accordance with that law, and you may access and correct your information and make complaints as described in Section 9.

11. Children

The Brett App is intended for professional use by adults and is not directed to children. We do not knowingly collect personal information from anyone under the age of eighteen (18). If you believe a minor has provided personal information to us, please contact us and we will delete it as required by law.

12. Third-Party AI Services and Other Third Parties

When you install and use a Brett plugin or Brett commands in Claude, ChatGPT or any other Third-Party AI Service, everything you type, upload or receive in that service is collected and processed by its provider under that provider's own terms and privacy policy, which may include retention of your conversations and, depending on your settings and plan, the use of your content to train or improve its models. The Company has no access to or control over that information and is not responsible for the privacy practices of any Third-Party AI Service. You should review the privacy policy and data settings of each Third-Party AI Service before using it, and you should not enter identifying Client information into any such service unless you have determined that doing so is lawful and you have every consent and agreement required.

To connect the Brett App to ChatGPT, the Brett installer adds an entry for the Brett App to the ChatGPT app's settings file on your computer, and adds Brett's commands (small instruction files that contain no Brett content) to your personal skills folder on your computer. To check which ChatGPT account your license uses, the Brett App reads the ChatGPT app's settings folder on your computer, only after you allow it, and only the account and workspace identifiers described in Section 2.3. These files stay on your computer; the only ChatGPT information we receive is those identifiers and the name of the AI app, as described in this Privacy Policy.

13. Cookies and Similar Technologies

The Brett desktop application does not use advertising cookies or third-party tracking technologies. Our web pages, including the page that opens the application from a sign-in email and any purchase pages, may use cookies and similar technologies that are strictly necessary to operate those pages, and our hosting and email providers may use technologies to secure their services and to record email delivery. Where required by law, we will ask for your consent before using non-essential cookies.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, the Brett App, technology or the law. When we do, we will update the version number and effective date above, and, where the changes are material, we will notify you through the Application, by email or by other reasonable means, and, where required by law, obtain your consent. Your continued use of the Brett App after an updated Privacy Policy takes effect means that you acknowledge it.

15. Contact Us

If you have any questions, concerns, requests or complaints about this Privacy Policy or our handling of your personal information, please contact our privacy contact at [email protected] or write to us at Parker Management, Inc., 1823 Stampede Ave, STE A, Cody, WY 82414, United States. Product information is available at askbrett.app.