Cogniac Privacy Policy

Last Revised: 20 July 2022

Cogniac Corporation and our subsidiaries and affiliates ("COMPANY" or "We") respect your privacy and commit to protecting it through our compliance with the practices described in this Privacy Policy.

This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal information we may collect from you or that you may provide when you visit our website(s) or other digital properties, mobile application, communications, or forms that link or refer to this policy (our "Website") (collectively, the “Services”). Please see the ‘Jurisdiction Specific Terms’ for additional information for individuals located in the European Economic Area (“EEA”) and the United Kingdom (“UK”).

Cogniac provides a unique AI platform to enhance the operations and performance across a variety of industries, including automotive, railway, manufacturing, and government. This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Cogniac platform to them. Our use of this information is restricted by our agreements with those business customers. If you have concerns regarding personal information that we process on behalf of a business, please direct your concerns to that business.

Our websites, products and services are designed for businesses and their representatives. We do not offer products or services for use by individuals for their personal, family or household purposes. Accordingly, we treat all personal information we collect as pertaining to individuals in their capacities as business representatives and not their individual capacities

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for processing and storing your personal information. We may change this policy from time to time, as set out in the ‘Changes to Our Privacy Policy’ section.

A Note About Children. We do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to Cogniac and we learn that the personal information is the information of a child under 13, we will attempt to delete the information. If you believe that we might have any personal information from a child under 13, please contact us at: support@cogniac.co.

Types of Data We May Collect About You

We collect and use different types of data from and about you including:

Information You Provide to Us.

  • We may collect personal information from you, such as your first and last name, e-mail, phone number, username and password when you create an account to log in to our Services (“Account”).

  • When you use our Services, we will collect the video or photographic content you upload to the Services and store it on our servers on your behalf.

  • Personal information that we could reasonably use to directly or indirectly identify you, such as your name, email address, telephone number, username or other similar identifier, or any other identifier we may use to contact you online or offline.

  • When you place or create object tags, the Service will collect the object tags to train the Services to recognize the objects and events you designate.

  • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.

  • We retain information on your behalf, such as files and messages that you store using your Account.

  • If you sign up for our newsletter, we will collect your email address.

  • If you participate in a sweepstakes, contest or other promotion on our Services, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last name, and sometimes postal address to verify your identity. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

  • If you apply for a job with us, we may collect your professional credentials and skills, educational and work history, LinkedIn profile page, personal website, authorization to work in the U.S., immigration status, criminal history, and other information that may be included on a resume or curriculum vitae as well as in a cover letter. This may also include diversity information that you voluntarily provide.

Information Collected via Technology.

  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform. 

  • Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs) and from our Website (including date and time), products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

  • Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, statistics, or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.

  • Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded any of our applications. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the applications, and information about the type of device you use. In addition, in the event our applications crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our applications.

Other Information Collected

  • If you decide to invite a third party to create an Account, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and email addresses as required above. You or the third party may contact us at support@cogniac.co to request the removal of this information from our database.

  • If you provide information for us to publish or display ("post") on public Website areas or transmit to other Website users or third parties (collectively, "User Contributions"). You submit User Contributions for posting and transmission to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for User Contributions by logging into your account profile. Additionally, we cannot control the actions of any Website users with whom you choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

  • We may receive information about you if you visit other websites employing our cookies or from third parties including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, data brokers, or aggregators.

  • If we combine or connect non-personal, technical, or demographic data with personal information so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

Cookies and Automatic Data Collection Technologies

Our Cookie policy outlines how we use cookies to collect information.

Use of Your Personal information.

General use. In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your personal information in the following ways:

Service delivery, which may include using your personal information to:

  • present our Website and provide you with the information, products, services, and support that you request from us;

  • fulfill the purposes for which you provided the data or that were described when it was collected;

  • establish and maintain your user profile on the Service;

  • facilitate your invitations to friends who you want to invite to join the Service;

  • notify you about changes to our Website, products, or services; and

  • train machine learning algorithms to build models, structures and artifacts based on your video content, object tags and other inputs provided by you and other users of the Services, in order to make data-driven decisions and predictions.

Service personalization, which may include using your personal information to:

  • ensure that we present our Website content in the most effective manner for you and for your computer; and

  • enable your participation in our Website's interactive, social media, or other similar features.

Interest-based advertising, which may include using your personal information to:

  • make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

Service analytics, which may include using your personal information to:

  • improve, optimize and develop our Website, products or Services, marketing, or customer relationships and experiences;

  • to create aggregated, de-identified and/or anonymized data from your personal information by removing information that makes the data identifiable to you;

  • measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you; and

  • administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research and development, statistical, and survey purposes.

Compliance with law and co-operation with authorities, which may include using your personal information to:

  • meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements; and

Protection and enforcement of rights, which may include using your personal information to:

  • protect our employees, Website or operations.

To manage our recruiting and process employment applications, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics

Further uses, in some cases, we may use your personal information for further uses, in which case we will ask for your consent.

Disclosure of Your Personal Information

We may share your personal information with:

  • Any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates.

  • Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization). We contractually require these third parties to keep that personal information confidential and use it only for the contracted purposes.

  • Third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep that personal information confidential and use it only for the contracted purposes.

  • Advertisers and advertising networks that require the data to select and serve relevant ads to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users.

  • Credit reference agencies when required to assess your credit score before entering into a contract with you.

  • To fulfill the purpose for which you provide it. 

  • For any other purposes that we disclose in writing when you provide the data.

  • With your consent.

Other Types of Third Party Disclosures

We may also disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.

  • To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal information we hold.

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request. 

  • To enforce or apply our terms of use and other agreements.

  • To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.

Accessing and Correcting Your Personal Information

You may also send us an email at support@cogniac.co to request access to, correct, or delete personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or because other Website users may have copied or stored them. Our terms of use https://cogniac.ai/terms-of-service govern proper access and use of information provided on the Website, including User Contributions.

Jurisdiction Specific Terms

European Economic Area and United Kingdom

Role under the GDPR. For the purposes of the “GDPR” (i.e., the General Data Protection Regulation 2016/679 (“EU GDPR”) and the UK GDPR which supersedes the EU GDPR (“UK GDPR”)):

  • in respect of the processing of your personal information processed in relation to this Website, Cogniac Corporation is the controller; and

  • in respect of the processing of your personal information processed in relation to the Services, Cogniac Corporation is:

  • a processor when we process your personal information solely on behalf of our customers; and

  • a controller when we use your personal information for our own purposes, as set out in this Privacy Policy.

Personal data. For users in the EEA and/or the UK, references to your “personal information” in this Privacy Policy should be understood to include a reference to your “personal data” (as defined in the EU GDPR and UK GDPR). Essentially, personal data is information about an individual, from which that individual is either directly identified or can be identified.

Legal bases for processing. In respect of each of the purposes for which we use your personal information, the EU GDPR and UK GDPR requires us to ensure that we have a “legal basis” for that use. Our legal bases for processing your personal information described in this Privacy Policy are listed below.

  • Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).

  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”).

  • Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).

  • Where we have your specific consent to carry out the processing for the purpose in question (“Consent”).

We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information – for more information on these purposes, what they cover, and the data types involved, see ‘Types of Data We May Collect About You’ and ‘How We Use Your Personal Information’.

Purpose > Legal basis

Service delivery: Necessity, Interests

Security: Compliance with Law, Legitimate Interests

Service personalization: Legitimate Interests, Consent

Interest-based advertising: Legitimate Interests, Consent

Service analytics: Consent

Compliance with law and co-operation with authorities: Compliance with Law, Legitimate Interests

Protection and enforcement of rights: Compliance with Law, Legitimate Interests

Further uses: The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the personal information was collected. Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected.

Data transfers. We may share your personal information with third parties who are based outside the EEA and/or the UK. In such circumstances, those parties processing of your personal information will involve a transfer of your personal information outside of the EEA and/or the UK. We endeavor to ensure that people to whom we provide your personal information hold it subject to the standards required by EEA and/or UK data protection legislation. So, whenever we transfer your personal information out of the EEA and/or UK, we try to ensure a similar degree of protection is afforded to it by making sure at least one data transfer mechanism under Chapter V of the EU GDPR and the UK GDPR has been implemented (e.g., the European Commission’s Standard Contractual Clauses (EU) or an International Data Transfer Agreement (UK)).

Your Rights. If you are in the EEA or UK, you have rights to understand and request how we collect, use, and disclose personal information in our capacity as a controller, to the extent permitted by applicable law.

  • Right to Access. You have the right to access your personal information held by us.

  • Right to Rectification. You have the right to rectify inaccurate personal information and, taking into account the purpose of processing, to ensure it is complete.

  • Right to Erasure (or “Right to be Forgotten”). You have the right to have your personal information erased or deleted in certain circumstances.

  • Right to Restrict Processing. You have the right to restrict our processing of your personal information.

  • Right to Data Portability. You have the right to transfer your personal information, when possible.

  • Right to Object. You have the right to object to the processing of your personal information that is carried out on the basis of legitimate interests, such as direct marketing.

  • Right Not to be Subject to Automated Decision-Making. You have the right not to be subject to automated decision-making, including profiling, which produces legal effects. Cogniac does not currently engage in the foregoing on our websites or in our products and services.

If you would like to make a request and exercise your rights described above, please submit your request here.

Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Complaints. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.

  • For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en

  • For users in the UK – the contact information for the UK data protection regulator is below: The Information Commissioner’s Office Water Lane, Wycliffe House Wilmslow - Cheshire SK9 5AF Tel. +44 303 123 1113 Website: https://ico.org.uk/make-a-complaint/

Data Security

The security of your personal information is very important to us. We use a number of physical, electronic, and administrative safeguards designed to protect your personal information.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

We will post any changes we may make to our privacy notice on this page and indicate on the Website home page that we updated this privacy notice. If the changes materially alter how we use or treat your personal information we will notify you by email to the primary email address specified in your account and/or through a notice on the Website. Please check back frequently to see any updates or changes to our privacy notice.

Archives

Contact Information

Please address questions, comments, and requests regarding this privacy notice and our privacy practices to: support@cogniac.co.

Cogniac Corporation

Attn: Privacy Officer

Address: 160 W. Santa Clara St, Suite 1575, San Jose CA 95113

Phone:1-408-649-7776

Data Protection Officer

Moore ClearComm

Email dataprotection@mooreclear.com

EU Representative

Moore Rhein-Ruhr GmbH Germany

Email EUdataprivacy@mooreclear.com

UK representative

Moore ClearComm

Email dataprivacy@mooreclear.com