Cogniac Privacy Policy

Last Revised: 28 September 2023

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 Rights’ 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 Rights

We are based in the United States. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. 

By submitting your personal data or engaging with our Websites, you consent to this transfer, storing, or processing.

When we are acting as a processor, the controller will identify the legal basis for the transfer of personal data to Cogniac and you should view their Privacy Notice/Policy for further information.

In terms of the General Data Protection Regulation (GDPR), if you are a EU/EEA or UK data subject, you have rights to understand and request how we collect, use, and disclose Personal Data  in our capacity as a data controller, to the extent permitted by applicable law.

  • Right to Access. You have the right to access your Personal Data held by us.
  • Right to Rectification. You have the right to rectify inaccurate Personal Data 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 ask to have your Personal Data erased or deleted.
  • Right to Restrict Processing. You have the right to restrict our processing of your Personal Data.
  • Right to Data Portability. You have the right to transfer your Personal Data, when possible.
  • Right to Object. You have the right to object to the processing of your Personal Data 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.
  • EU/EEA residents may find the contact details for their data protection authority on the following website.

EU-US Data Privacy Framework (EU-US DPF)

Personal data may be transferred from the European Union/UK/Switzerland to the United States (U.S.). The E.U-U.S. Data Privacy Framework (EU-U.S. DPF) has been determined as ‘adequate’ by the European Commission which means that personal data can be transferred to organizations in the U.S. who have signed up to the EU-U.S. DPF without the need for any further safeguards to be in place.

Cogniac complies with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  

Cogniac has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. DPF Principles with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Cogniac has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Transfers to third parties/controllers/processors

Cogniac has set out above where we may transfer personal data to third party controllers and processors. In those cases we ensure that there is a contract in place that sets out that personal data may only be processed for limited and specified purposes and that the recipient will provide the same level of protection as the DPF Principles and that they will notify Cogniac if it can no longer meet that obligation. Cogniac remains liable under the DPF Principles if the receiving organization (processor/agent) processes in a manner which is inconsistent with the DPF Principles unless that organization can prove that it is not responsible for the event giving rise to the damage.

We may need to disclose your personal data in response to lawful requests by public authorities including to meet national security or law enforcement requirements.

Independent Dispute Resolution

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Cogniac commits to resolve DPF Principles-related complaints about our collection and use of your personal data.  

EU, UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Cogniac at support@cogniac.co.

You can always submit a complaint directly to your local data protection authority  (i.e., EU/EEA Member State data protection authority; UK Information Commissioner’s Office (ICO) or Gibraltar Regulatory Authority (GRA); or the Swiss Federal Data Protection and Information Commissioner.  Your data protection authority may refer your complaint directly to the U.S. Department of Commerce’s International Trade Administration (ITA) on your behalf.  If referred to the ITA, the DPF team will then work with the organization to seek to resolve your concern.

If your complaint is not resolved after following the recourse mechanisms described above, you may have the ability to invoke binding arbitration.  Additional information is available here for EU/EEA and UK (and Gibraltar) individuals and here for Swiss individuals.

We are also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) who have jurisdiction over Cogniac’s compliance with the EU-US DPF, the UK extension to the EU-US DPF and the Swiss-US Data Privacy Framework (Swiss US DPF). You may also be able to invoke binding arbitration in certain circumstances.

California Privacy Rights

Cogniac is not subject to the California Consumer Privacy Act of 2018 as amended (“CCPA”) but this will be kept under review in case the position changes.

Data Security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to us behind firewalls on servers employing security protections. 

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. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data 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 policy on this page and indicate on the Website home page that we updated this privacy policy. If the changes materially alter how we use or treat your personal data 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 policy.

Contact Information

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

Cogniac Corporation

Attn: Data Protection Officer

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

Phone:1-408-649-7776