This Privacy Notice explains the information practices and policies of Cognition360, LLC and Cognition360 Ltd. (“Cognition360”). This Privacy Notice describes how we collect, use, and disclose Personal Information of: (a) individuals (i.e. employees or other staff users) of business partners or clients such as our MSPs (collectively "clients") that use our managed information technology services; (b) individuals (i.e. employees or other staff users) of any prospective business partners or clients; and/or (c) any visitors to any websites owned by Cognition360 (“Cognition360 Websites”).
For the purposes of this Privacy Notice, the terms “we”, “us” and “our” refer to Cognition360 and “you” refers to you, anyone whose information we process for the purposes above. "Personal Information,” means information that relates to an identified or identifiable person such as a name, address, phone number, username, email address, and password, it might also include information such as an IP addresses and/or other online identifiers and information related to a device (see "Cookies or Similar Technologies" section.
This Privacy Notice does not reflect the privacy policies or practices of our clients or any other third party. Cognition360 is not responsible for the privacy policies or practices of any client, end-clients of clients or other third party.
In using our Services, our clients may backup and/or store or otherwise process business or other information or allow us to have access to such information, including Personal Information on our Services ("Client Information").
In providing our Services, we process Client Information on behalf of and under the direction and instruction of our applicable Client. It is the responsibility of Cognition360's Client (or its end client if any) to ensure that the Client Information that it collects backups, stores or otherwise processes or allows us to access through the client's use of Cognition360’s Services has been legally collected and is processed in accordance with applicable data protection laws. If you have any questions about the handling of Client Information or if you want to submit any requests for access to, correction, amendment, or deletion of Client Information, please address your concerns to the applicable Client.
Cognition360 does use limited Personal Information collected via the Services and the Cognition360 Websites for our own purposes, as described in this Privacy Notice.
How We Collect, Use, and Share Personal Information
We primarily collect, access, use, and share Personal Information where necessary for us to market and provide Services to our clients and in the ordinary course of running our business, including through the receipt of communications such as emails, website enquiries and telephone calls.
Personal Information Collected through Our Services and Cognition360 Websites
We may collect Personal Information through our Services and Cognition360 Websites in the following ways:
Information That You Provide To Us Voluntarily
General Contact Information. We collect any Personal Information that you voluntarily provide to us when you visit a Cognition360 Website or when you subscribe for or enquire about any of our Services. For example, if you submit a sales enquiry or subscribe for a newsletter via a Cognition360 Website web form or request additional information or contact from Cognition360 via email, you will provide us with certain Personal Information, which may include names, company name, address, and email address.
In addition, if you choose to communicate with us via a web form, email, or by telephone, we will keep a copy of our communication together with your email address or phone number and our responses.
Personal Information That We Collect Automatically
Device-related Information. When you visit any Cognition360 Website or use our Services, we collect Personal Information from your device, including IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location), the date and time of use of our Services, the date and time of an event on the client’s IT systems, system logs, and technical attributes about the device or a web browser. In some countries, including countries in the European Economic Area (EEA) and the United Kingdom (UK), this information may be considered Personal Information or "personal data" under applicable data protection laws. This Personal Information enables us to better understand use of our Cognition360 Websites and Services. Some of this Personal Information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies or Similar Technologies” below.
Cookies or Similar Technologies
If you have arrived at any Cognition360 Website by clicking on a banner ad for one of Cognition360's products or services, a session cookie may be used. This cookie contains an identification number for the advertisement that you clicked on, and it helps Cognition360 determine which of its ads attracts the most visitors. If you choose to request further information from us about Cognition360's products and services, the Personal Information that you provide in that request will be linked to the Personal Information in the session cookie.
In order to better understand how our sites are used, Cognition360 Websites may also use persistent cookies along with other Personal Information collected in our servers' files (e.g., IP Address, referring URLs, etc.). Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. If you reject or block cookies, Cognition360 Websites may not function as intended.
Personal Information That We Obtain From Third Party Sources
Commercially Available Personal Information. Cognition360 may also collect Personal Information from commercially available sources but only where we are legally permitted to do so. Such Personal Information may include names, addresses, email addresses, and demographic data. The Personal Information Cognition360 collects from these commercial sources may be combined and cross-referenced with Personal Information we collect through the Services. We use this Personal Information for communications purposes to provide direct marketing materials for our business customers or prospects.
From time to time, we may also ask our partners or clients to voluntarily provide us with the email addresses of contacts of other organizations, so they too can benefit from the various products and services offered by Cognition360 and Cognition360's trusted affiliates. Where we do, we will confirm that they have the permission to pass on these details to us.
How We Use Personal Information Collected through Our Services and Cognition360 Websites
To Serve Our Clients. We use the Personal information we collect, to provide our Services to the Clients on whose behalf we are acting. For example, in order to provide technical support, we may contact a user (such as employees or staff members) of Cognition360's Clients using any contact information provided to us.
To Serve You. We use the Personal Information to respond to any request or query directed to us (for example through web forms or email), to provide you/your organization with our products and Services and to manage our relationship with you. For example, we, address any enquiries or complaints you may have, endeavor to improve the Services we provide, or provide you with information about other products and services we offer that we think you may be interested in.
For Direct Marketing. If we have the right to do so, we will use your Personal Information for the purposes of direct marketing communications to your organization, such as by adding your contact and other details to a marketing database. Where we do, we will provide you with an opportunity to opt out in accordance with section III.
For Internal and Service-Related Purposes. We may use any Personal Information we collect through the Services and/or any Cognition360 Websites for internal and service-related purposes, including providing it to third parties as necessary to allow us to provide the Services, maintain or improve Cognition360 Website security, and/or invoicing for example.
Anonymized and Aggregate Data. From time to time, we will aggregate Personal Information collected through our Services for analytics purposes, product improvement purposes and other service-related purposes.
How We May Disclose Personal Information Collected through Our Services and Cognition360 Websites
We may share Personal Information with the following categories of recipients and/or in the following circumstances:
With Third-Party Vendors and Service Providers. As appropriate, we may share Personal Information with any of our group companies including those listed in schedule 1, vendors and/or service providers in connection with the provision or marketing of the Services, Cognition360 Websites. These third parties have access to Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any Personal Information is provided to them, and they are restricted from using the Personal information for other purposes.
For Personal Information previously transferred to us from EEA countries and the UK under the EU-US Privacy Shield, we will remain liable under the Privacy Shield Principles if our agents or service providers process such Personal Information in a manner inconsistent with the Privacy Shield Principles, unless we will prove that we are not responsible.
As Required by Law and Similar Disclosures. We may disclose Personal Information: if we believe it is necessary: to comply with national security or law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; to prevent or address fraud, security, or technical issues; or to protect our property or other legal rights or the rights or property of others, or to protect the vital interests of others.
Merger, Sale, or Other Asset Transfers. If we are involved in a potential or actual merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider Personal Information collected through the Services or Cognition360 Websites (or both) may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
Other than as stated in this Privacy Notice, we will not release Personal Information to unaffiliated third parties, and we will not cross-reference Personal Information collected through one Client’s use of our Services with that of any other Client or entity.
How We Use Personal Information Collected For Targeted Advertising.
You have the option to restrict the use of Personal Information for targeted advertising and to opt-out of receiving targeted ads.
You can control whether companies serve you targeted advertising by visiting the Digital Advertising Alliance website and using its opt-out: http://www.aboutads.info/choices/ (U.S.) http://www.youronlinechoices.com/ (EU). The DAA opt-out requires that cookies not be blocked in your browser.
As an alternative to the DAA opt–out, you can also elect to block browser cookies from first parties (such as those from our website) and browser cookies from third parties (such as advertisers) by using the cookie blocking options built into your browser software. If you block browser cookies, some parts of Cognition360 Websites may not function correctly. Also, blocking cookies will not stop third parties from collecting IP address, data stored in "Flash" cookies, and certain other types of technical information that may uniquely identify your browser.
Social Network Widgets. Cognition360 Websites may include social network sharing widgets that provide Personal Information to their associated social networks or third parties about your interactions with Cognition360 Websites that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Personal Information may be transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, you should read their privacy disclosures, to learn what information they collect, use, and share.
How do we transfer and store your Personal Information?
Cognition360 Websites Services and systems use servers located in the United States. If you are located outside of the United States, the Personal Data we collect will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you are located.
III. Access, Integrity, Retention, and Choices
Personal Information of clients' clients
Please note that if you are an end-user of one of our Clients' customers whose Personal Information we may process in providing Services to our clients, you must submit any requests for access to, correction, amendment, or deletion of your Personal Information, to the Client’s customer.
Access, Correction & Deletion of my Personal Information
If you wish to request access to, correction, or deletion of Personal Information you have submitted through the Cognition360 Websites, you can log into your account or contact Cognition360 at privacy@Cognition360.com. If you are located in the EEA or the UK, you may have additional rights which we have set out in Section IV below.
Data Integrity and Purpose Limitation
Cognition360 will use Personal Information only for the purpose of or in ways compatible with the purposes for which it was collected.
We keep Personal Information we need to provide our Services only for as long as we have a valid business purpose, in accordance with applicable law and our Client agreements. For example, we retain Personal Information for as long as it is needed to provide you with Services you have requested or to comply with applicable legal, tax or accounting requirements.
When we have no ongoing legitimate business need to process your Personal Information, we will delete it. If immediate deletion is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible or unless as otherwise required by law.
We include an “unsubscribe” hyperlink in Cognition360 marketing emails for those users who wish to stop receiving email communication from Cognition360. The hyperlink will connect to one the Cognition360 Websites, which will confirm the email address that has been automatically unsubscribed and will no longer receive emails from Cognition360.
We take steps to ensure that Personal Information is treated securely and in accordance with this Privacy Notice which include appropriate technical and organizational measures. These measures are designed to provide a level of security appropriate to the risk of processing of your Personal Information. However, neither the Internet nor any form of electronic storage can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any Personal Information provided to us.
2. International Data Transfers
Cognition360 is headquartered in the US, but we are a growing corporation with operations in multiple countries. In using Cognition360 Websites, Services and/or otherwise contacting us you acknowledge that your information may be accessed and processed around the world, to us in the United States or to our affiliates, partners, merchants, or service providers elsewhere in the world, including the United Stated, European Union, Australia, the Philippines and India. However, we have taken appropriate safeguards to require that your Personal Information remains protected in accordance with the terms of this Privacy Notice and applicable data protection laws. Where required by EEA/UK law, we have entered into standard contractual clauses approved by the European Commission to provide appropriate safeguards for international Personal Data Transfers from the EEA and UK.
Legal Basis for processing your Personal Information
Our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. We l normally collect Personal Information from you only where we need the Personal Information to perform our contract for our Services with our Clients, where the processing is in our legitimate interests (provided these interests are not overridden by your data protection interests or fundamental rights and freedoms), or otherwise if we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Information from you, such as KYC checks or tax information.
If we ask you to provide Personal Information to comply with a legal requirement or to contact you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information). Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are and before doing so will ensure that we have considered your rights and interests
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at privacy@Cognition360.com.
You may have the following data protection rights which you may exercise at any time by using the contact details provided under the "Complaints and How to Contact Us" section below:
- You may access, correct, update or request deletion of your Personal Information;
You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
- You have the right to opt-out of marketing communications we send you at any time. In addition to using our contact details below, for email marketing communications you can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
- Similarly, if we have collected and process your Personal Information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland are available here.)
We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Please note, if you are an individual whose personal information Cognition360 processes as a "data processor", for example to provide services on behalf of its Clients, you must contact the relevant data controller of your Personal Information in order to exercise your rights. This might be one of our Clients or one of our Clients' customers.
VII. Privacy Shield Policy
Cognition360 and its U.S. entities & subsidiaries listed in schedule 1 have certified with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the processing of certain Personal Information from Switzerland and the European Union member countries. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/..
If you have any inquiries or complaints about our handling of your Personal Information previously transferred to the US under Privacy Shield, you should first contact us at privacy@Cognition360.com and we will respond to your inquiry promptly. If we are unable to satisfactorily resolve your complaint, or we fail to acknowledge your complaint in a timely fashion, we have further committed to cooperate and comply with the panel of European data protection authorities (DPAs) in the resolution of any Privacy Shield complaints. If you reside in the EEA or UK, you may also have the opportunity under certain conditions to invoke binding arbitration for complaints regarding the Privacy Shield not resolved by the above mechanisms.
For more information, please see the "Complaints and How To Contact Us" section below.
Cognition360 is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and of other relevant US statutory bodies authorized to verify and ensure compliance with the Privacy Shield Principles.
VIII. For users in Australia
Cognition360 complies with the Australian Privacy Principles as set out in the Privacy Act 1988 (“Privacy Act”) regarding the collection, storage, use and disclosure of Personal Information from Australian users.
In addition to the uses set out in the section titled “How We Use Information Collected through Our Services and Cognition360 Websites”, we may also use your information, including Personal Information, for a secondary purpose that is related to a purpose for which we collected it, where you would reasonably expect us to use your Personal Information for that secondary purpose.
Under the Privacy Act, we have an obligation (the “Obligation”) to take reasonable steps, in the circumstances, before disclosing Personal Information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information. However, should we obtain your consent to disclose your Personal Information to an overseas recipient, the Obligation does not apply. In obtaining your consent, we will not be accountable, and you will not be able to seek redress against us under the Privacy Act if the overseas recipient handles your Personal Information in breach of the Australian Privacy Principles (“APPs”) under the Privacy Act. In providing your consent under this Privacy Notice, you acknowledge and agree to the risks associated with the disclosure of your Personal Information overseas. These risks may include the overseas recipient not being subject to any privacy obligations or privacy principles similar to the APPs and the overseas recipient being subject to foreign law that could compel the disclosure of your Personal Information to a third party, such as an overseas authority.
If you are a user in Australia and wish to access, correct or update your information in accordance with section III, Cognition360 may refuse certain requests but only in circumstances where this is permitted under the Privacy Act.
1. Children’s Privacy
We do not knowingly collect, store, or use information from children, including those under the age of 13. If you are under the age of 13, you may not submit any information through the Cognition360 Websites or Services. If you have reason to believe that a child under the age of 13 has provided information to us through the Cognition360 Websites or Services, please contact us and we will endeavor to delete that information from our databases.
2. Do Not Track
The Cognition360 Websites currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
3. Your California Privacy Rights (California Residents Only)
Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Data the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such data during the immediately preceding calendar year.
To exercise your rights, you may make one request each year by emailing us at privacy@Cognition360.com with “Request for California Privacy information” on the subject line and in the body of your message. Be sure to provide in the request sufficient information to properly identify you and/ or the members of your family.
Cognition360 processes certain personal information as a business under the California Consumer Privacy Act (CCPA). This personal information relates to business transactions within the scope of Section 1798.145(n) of the CCPA. [California residents have limited rights under the CCPA in connection with this personal data. Cognition360 offers the right to opt out of the sale of this personal information on the Cognition360 websites.]
XII. Changes to This Privacy Notice
We may update this Privacy Notice to reflect changes to our information practices from time to time. If we decide to change this Privacy Notice, we will post the changes on this page so visitors to the Cognition360 Website and our clients and the users of their IT systems are aware of our practices, and we will change the “Last Updated” date above. If we make a material change to our information practices, such as to how we use Personal Information, we will make reasonable efforts to provide notice on our website and/or through our clients and obtain consent to any such uses as may be required by law.
XIII. Complaints and How to Contact Us
If you have any questions, comments, or concerns about this Privacy Notice or our information practices, please email us at privacy@Cognition360.com.
If you don’t receive adequate resolution of a privacy-related problem, you may write to our Chief Compliance Officer at:
Chief Compliance Officer
885 Woodstock Road
Roswell, Georgia 30075
For EU Individuals: If a complaint cannot be resolved by any of the mechanisms described above, you also have a right, under certain conditions, to invoke binding arbitration under the Privacy Shield Panel in compliance with the EU-US Privacy Shield. If you want to initiate this arbitration procedure, you are required to first formally notify us of your intention to do so by writing to privacy@Cognition360.com. Please remember to include a summary of the steps you have already taken to resolve your complaint and a description of the alleged violation.
If your complaint cannot be resolved through Cognition360’s internal process, we have further committed to refer such complaints, under the EU-US Privacy Shield Principles to utilize JAMS as an alternative dispute resolution provider. Information regarding JAMS and the process for initiating a claim can be found at https://www.jamsadr.com/eu-us-privacy-shield. In addition, EU individuals have the right to complain to EU data protection authorities.
For Australian individuals: if a complaint cannot be resolved by any of the mechanisms described above or for more information on your privacy rights, you may contact the Office of the Australian Information Commissioner at:
Phone: 1300 363 992. If calling from outside Australia: +61 2 9284 9749
Fax: +61 2 9284 9666
Address: GPO Box 5218, Sydney NSW 2001