Effective as of February 1st, 2018
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.
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.
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
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.
How We Use Information Collected
We may use information that we collect about Visitors for the following purposes:
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:
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.
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 firstname.lastname@example.org 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.
How We Obtain Information
As described below, we collect several types of information from and/or about our Customers and Users, including:
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.
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:
We may also disclose Customer Data and/or your personal information to third parties to:
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.
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.
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 email@example.com if they wish to access, amend or correct their personal information.
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 firstname.lastname@example.org 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 email@example.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.
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 firstname.lastname@example.org.
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.
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: email@example.com