COGITO PRIVACY STATEMENT

 

Cogito® Privacy Statement

Effective as of February 1st, 2018

Purpose

Cogito Corporation (hereinafter, “Cogito”, “we” or “us”) is committed to protecting your privacy. This Privacy Statement (the “Privacy Statement”) describes the information that we collect, how we obtain the information, and how we may use or disclose that information. It also describes the measures we take to protect the security of the information and how individuals can contact us about our privacy practices.

Scope

This Privacy Statement covers our privacy practices with respect to the collection, use, and disclosure of information obtained: (i) in connection with human resource functions as described below;  (ii) through the Cogito websites at www.cogitocorp.com (hereinafter, our “Website”); (iii) in connection with the use of applications downloaded to a User’s mobile device (“Mobile Applications”); (iv) in connection with the use of our hosted software applications (the “Subscription Service”) optionally combined with our on-premise software product(s) installed within Customer’s data centers (“On-Premise Software”) and related support services (“Support Services”), as well as expert services, including professional services, training and certification (the “Expert Services”) that we provide to Customers. In this Privacy Statement, the Subscription Service, Support Services and the Expert Services are collectively referred to as the “Service” and Subscription Service, On-Premise Software and Mobile Applications are collectively referred to as the “Product.”

For the purposes of this Privacy Statement:

“Customer” means any entity that purchases a license to any portion or component of the Service and/or Product.
“Customer Data” means the electronic data uploaded into or otherwise made accessible to any portion of the Product by or for Customer or its Users.
“Visitor” means a visitor of the Website.

“User” means an individual authorized by or on behalf of the Customer to access and/or make use of any portion or component of the Product.

Website

How We Obtain Information
As further described below, we collect several types of information from and about our Visitors.  

Information you may provide to us

  • When filling out forms on our Website we collect personal information, including without limitation, name, mailing address, email address and telephone number.
  • When you register or request further information or services from us or participate in interactive features of our Website.
  • When you enter a contest or promotion we sponsor.
  • When you report a problem with our Website.
  • When you contact us.
  • When you complete our surveys.
  • Other information you may submit to us related to your use of our Website.

 

Information from third parties

Cogito may collect and use information we receive from third parties in connection with your use of the Website.  For instance, Cogito may use a third party for reporting and analytics to measure the effectiveness of our Website and marketing efforts, and to identify areas for improvement.

Information we collect as you navigate through the Website
As you navigate through the Website, we may also collect details about your visits to our Website including, but not limited to, your IP address, usage patterns, traffic data, location data, logs and other communication data and the resources that you access, as well as information about your computer and internet connection, including your operating system and browser type.

Cookies and Other Forms of Automated Collection.

A cookie is a small file stored on the hard drive of your computer. We currently do not use cookies to help us improve our Website but may use them in the future to obtain information about your general Internet usage and to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website.
  • Speed up your searches.
  • Authenticate your access to various areas of our Website.
  • Recognize you when you return to our Website.
  • Track when you respond to surveys.

 

How We Use Information Collected

We may use information that we collect about Visitors for the following purposes:

  • To present our Website and their contents in a suitable and effective manner for you and for your computer.
  • To diagnose and resolve technical problems with our Website.
  • To improve our Website.
  • To provide you with information, products or services that you request from us.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • To notify you about changes to our Website or obtain any required consent.
  • To allow you to participate in interactive features of our Website, when you choose to do so.
  • For industry analysis, benchmarking, analytics, marketing, and other business purposes.
  • To track your browsing behavior, such as the pages you visited over time.

 

If you ask us to contact you about goods and services that may be of interest to you, we may use your personal information or permit selected third parties to use your personal information to provide you with such services. Visitors may withdraw consent at a later time by clicking on the “unsubscribe” link located in the emails sent by Cogito. For more information, see Communication Preferences and Choices below.

How We Share Information Collected

We may disclose personal information that you provide to us via this Website, to the following third parties:

  • Contractors, business partners and service providers we use to support our business or who provide services on our behalf.
  • In the event of merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case personal information held by us about our Visitors will be among the assets transferred to the buyer or acquirer.
  • We may also disclose your personal information to third parties to:
    • Comply with any court order or other legal obligation.
    • Enforce or apply the terms of any agreement between you and Cogito.
    • Protect the rights, property, or safety of Cogito or others.

 

We do not sell, rent or trade information collected through the Website with third parties for their promotional purposes.

International Transfer of Data
Cogito may store and process any information collected in connection with the Website in any country where we have facilities or in which we engage service providers. By using our Website, you consent to the collection, storage, transfer and processing of information outside of your country of residence, including in the United States.

Communication Preferences and Choices
We provide certain choices regarding the information Visitors provide to us. We have created mechanisms to provide you with the following control over your information when using our Website. If you do not wish to have your e‑mail address used for promotional purposes by Cogito, you may withdraw consent at a later time by clicking on the “unsubscribe” link located in the emails sent by Cogito.

Choice
You should review this Privacy Statement carefully, because if you do not agree with our practices, your ultimate choice is not to use the Website. Remember, by using any part of our Website, you accept and agree to our privacy practices.

Accessing and Correcting Your Personal Information
You may send us an e‑mail at privacy@cogitocorp.com to request access to, correct or delete any personal information that you have provided to us in connection with the Website. We will use reasonable efforts to respond to such requests for correction or updates to personal information.

Product

How We Obtain Information
As described below, we collect several types of information from and/or about our Customers and Users, including:

  • General information, including a Customer’s company name and address, and the Customer’s representative’s contact information (“General Information”) for billing and contracting purposes.
  • Information and correspondence our Customers and Users submit to us in connection with Expert Services or other requests related to our Service and/or Products. Server logs in support of the Product.
  • Customer Data including audio files and related metadata for phone calls processed by the Subscription Service. Such metadata includes, but is not limited to, phone number of the parties, call duration, user ids and/or phone extensions.  Such audio files include customer service, sales and operations phone calls between Users and individuals who communicate or interact with Customer’s contact centers.
  • Behavioral and statistical usage data derived and/or generated from the operation of the Subscription Service, including behavioral signals and models derived from audio data processed by the Subscription Service as well as the performance results for the Subscription Service.
  • Quantitative data derived from our Customers and Users use of the Subscription Service and/or provided by Customers, for example and without limitation, business and operational metrics related to our Customer’s business. Other than fulfilling specific data processing and/or reporting obligations for our Customers pursuant to Customer Agreements, all such data collected, used, and disclosed will be in aggregate form only and will not identify any Customer or its Users.

 

Customer Data
We may use Customer Data to provide, maintain and improve the Service and/or Product, including providing Support and Expert Services. Notwithstanding anything else to the contrary in this Privacy Statement, we will not use, disclose, review, share, distribute, transfer or reference any Customer Data except as permitted in the Customer Agreement or as required by law.

Cookies
When you use the Subscription Service, we may use cookies to:

  • Authenticate your access to the Subscription Service
  • Route a browser request to a specific node when multiple nodes are assigned;
  • Recognize you when you return to the Subscription Service.

 

A User may refuse to accept the “remember me” cookie, which will then require a User to provide their username and password to log into the Subscription Service.

How We Share Information Collected
As permitted by Customer Agreements or as required by law, we may disclose Customer Data and/or personal information that our Customers and Users provide, to the following third parties:

  • Contractors, business partners and service providers we use to support our Service.
  • In the event of merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case Customer Data and personal information held by us about our Customers will be among the assets transferred to the buyer or acquirer in accordance with the provisions of the Customer Agreements.

 

We may also disclose Customer Data and/or your personal information to third parties to:

  • Comply with any court order or other legal obligation.
  • Enforce or apply the terms of the definitive agreement between Customer and Cogito pursuant to which the Customer purchased access to any portion or component of the Product (the “Customer Agreement”).
  • Protect the rights, property, or safety of Cogito, our Customers, Users or others.

 

We do not share, sell, rent or trade information collected through the Service or personal information that our Customers and Users provide with third parties for their promotional purposes.

Communication Preferences and Choices and Accessing and Correcting Your Personal Information
Since each Customer is in control of what information, including any personal information, it collects from its Users and individuals that communicate or interact with Customer’s contact centers, how that information is used and disclosed, and how that information can be changed, Users and such individuals must contact the applicable Customer administrator with any inquiries about how the Customer uses and discloses personal information and how to access or correct personal information contained in Customer Data.

To access or correct any personal information Customer has provided as part of the General Information, the Customer should contact their Cogito account representative.

Mobile Applications

Without limiting the generality of this Policy, in addition to the information collected through the Website and the Service optionally combined with the On-Premise Software, Cogito may obtain additional information through Mobile Applications that Customer or their Users download to their mobile devices (“Devices”).  Mobile Applications provided by Cogito may obtain or collect information from Users’ Devices in connection with the Service and are designed to interoperate with the Subscription Service; for instance, to provide a User with access to information within the Subscription Service or to provide information from a User’s Device to the Subscription Service.

Mobile Applications may access the geographic location of a User’s Device and other sensor data.  Mobile Applications may also provide Cogito with information related to Users’ use of the Mobile Applications and other applications or features of the device, including information regarding Users’ Devices and OS identification, login credentials, language and time zone.  Mobile Applications may also collect information regarding Users’ interaction with Mobile Applications, which Cogito may use to provide and improve the Mobile Application services.

Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application.

Customer and its Users may configure Mobile Applications affecting the information collected or accessed on a User’s Device.

Contractual terms related to a particular Mobile Application may be found in Customer Agreements and/or the End User License Agreement or relevant terms of service and consent forms for that application.

Employee Information

How We Obtain and Use Information  

We collect personal information from prospective and present employees only for legitimate business purposes, including (1) the management and operations of our company, its functions and activities, (2) employee communications, including employee surveys, (3) maintaining a global directory, (4) carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements, (5) development and training programs, (6) recruiting and hiring job applicants, (7) assessing qualifications and performance, (8) performing background checks and verifying references, (9) managing employee performance, (10) determining employee compensation or payment, (11) managing the employee termination process, and (12) other general human resources purposes.  Our European Union and Swiss Employees at the time of their employment are notified in detail how their personal information will be used. Employee information on health, performance evaluations, and disciplinary actions and other sensitive employee matters, whether it is stored manually or electronically, is accessible by other Cogito employees only if necessary with respect to legitimate human resource functions or issues.  Cogito will obtain affirmative consent from an employee before using such employee’s personal information for any purpose other than described above. Employees may decline to provide this consent, and employees may withdraw their consent at any time.

For legitimate human resources purposes, employees may choose to voluntarily disclose personal information about family members. If our employees choose to do this, their family member’s personal information shall be treated, for the purposes of this Privacy Statement, the same as an Employee’s personal information. Employee personal information is never sold, leased, or rented to any third party.

How We Share Information Collected

Employee personal information will never be disclosed to third parties except as follows: (1) to those retained by Cogito as agents for the purposes set forth in the paragraph above, (2) where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect the rights or property of Cogito, (3) where authorized in writing by the employee, and (4) where the employee voluntarily provides personal information and the context makes it clear that such information will be provided to a third party.

International Transfers of Data

Where personal data is transferred from the EU or Switzerland to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the competent EU or Swiss Authorities, as applicable.  See further details below.

Communication Preferences and Choices and Correcting Your Personal Information

Employees have the right to opt-out of disclosing their personal information where not otherwise required. Employees can contact the HR department or Privacy Officer at privacy@cogitocorp.com if they wish to access, amend or correct their personal information.

General

International Transfers
Cogito complies with the EU-U.S. Privacy Shield Framework  and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce. Cogito has certified that it follows the Privacy Shield Principles, which will supersede and govern should there be any conflict with this privacy statement.  Please visit the official Privacy Shield website for more information and to view Cogito’s certification: https://www.privacyshield.gov.

In accordance with the Privacy Shield Principles, Cogito commits to resolving complaints about its data collection and use of your personal information.  We can be contacted by email at privacy@cogitocorp.com with regard to any inquiries or complaints and we are committed to responding to your inquiry in a timely manner. Cogito has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning all data transferred from the EU and Switzerland, including employee personal information. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs and the Swiss FDPIC for more information or to file a complaint. The services of the EU DPAs and the Swiss FDPIC are provided at no cost to you.  Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Cogito may transfer personal information received under the Privacy Shield to a third party. In such instances, the third party’s access, use, and disclosure of the personal data must also comply with our Privacy Shield obligations.  However, Cogito is ultimately liable for ensuring that the third party remains compliant with our obligations unless we prove that we are not responsible for the event giving rise to the damage.

Individuals have the right to access their personal data. Individuals can email privacy@cogitocorp.com at any time if they would like to limit the use and disclosure of their personal data. Cogito is subject to investigation and enforcement powers by the Federal Trade Commission (FTC). We will disclose personal information if lawfully requested and required by authorities.

Security Statement
Cogito maintains reasonable and appropriate measures to protect the personal information obtained through the Website and in connection with the Product from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, no security measures are perfect or impenetrable, so we cannot guarantee the absolute security of your information. Please report any known or suspected violations at privacy@cogitocorp.com.

Third Party Websites and Applications
This Website may link to websites that are not owned or controlled by Cogito. As such, this Privacy Statement does not apply to information collected on any third‑party site or by any third‑party application that may link to or be accessible from the Website. This Privacy Statement also does not cover the use or disclosure of any information stored in the Subscription Service when hosted by the Customer.

Changes to Our Privacy Statement
Cogito reserves the right to update or change this Privacy Statement from time to time. If Cogito’s Privacy Statement is updated, we will notify you by posting the new Privacy Statement on this web page and updating the revision date below (and obtain your consent where required). Except where express consent is required by applicable law, Customer Agreements or End User License Agreements, your continued use of the Website and/or Product is deemed to be acceptance of any updates or changes we make to this Privacy Statement.  Accordingly, we ask that you review the Privacy Statement periodically for any updates or changes that we may have made.

Contact Information
To ask questions or comment about this Privacy Statement and our privacy practices or if you need to update, change or remove your information, contact us at: privacy@cogitocorp.com