This Privacy Policy (“Policy”) describes how Cogitate Technology Solutions, Inc. along with its parent and affiliate companies, including, without limitation, Cogitate Technology Solutions India Pvt. Ltd.,  (collectively, “Cogitate”)  collects, stores, processes, uses and shares the personal information we collect in the course of providing our products and services (the “Services”), which includes when you use any service or functionality provided by Cogitate, visit our website, www.cogitate.com, or any other site that posts this Policy (collectively, our “Website”), apply for a job with us, or otherwise interact with us directly or indirectly.  For the purposes of this Policy, the terms “we”, “us”, or “our” are references to Cogitate, and the terms “you” or “your” are references to the person accessing the Services.

You are not authorized to access or use the Services unless you have read, understood and consent to your personal information being collected, stored, processed, used and shared in the manner specified by this Policy and the Terms of Use, which are accessible at www.cogitate.com/term-of-use/. By accessing or using the Services, whether you have registered on the Website or not, you are accepting this Policy as well as the Terms of Use. This Policy shall be read in conjunction with the Terms of Use. 

For the purposes of this Policy, the term “Personal Information” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

1. What Personal Information do we collect?

The Personal Information we collect about you depends on the nature of your interactions with us. As a result of, or as a precursor to, access or use of the Services by you, we may collect the following Personal Information from you:

1. During access of the Website, your Internet Protocol (IP) address, physical location, type of browser, operating system, Internet Service Provider (ISP), and date or time of visiting the Website. This has been explained in detail in our “Cookie Policy” below.
2. When filling out the web form available at  https://cogitate.com/contact/, your name, email address, the company/entity you are associated with, and your phone number.
3. When contacting us through email or phone, your email address, phone number and any other information you choose to include in your communication.
4. During utilization of the Services, commercial information such as records of any transactions you have undertaken on or through the Service, any products or services you have availed, and your usage and interaction with our Services.
5. From our customers, we collect contact information such as name, email address, address, and billing and payment information. We may also collect some of this information from prospective customers or other business partners. 
6. From job applicants, we may collect contact information, education and employment history, and certain protected classification characteristics or citizenship status information to the extent voluntarily provided by the job applicant.

We collect Personal Information directly from the individual about whom the information pertains, as well as from third parties that provide the information on behalf of the individual to whom it pertains, from publicly available sources, and automatically from Website visitors.   

2. How do we use and retain your Personal Information?

We process and/or use the Personal Information collected in accordance with this Policy for the following purposes:

1. Providing, monitoring and improving the quality of Services provided to you and for all ancillary purposes;
2. Processing such information in order to provide Services to you, provide customer support, and process reports and inquiries;
3. Communicating with you, including for administrative purposes;
4. Advertising and promoting our Services, including by contacting you to market products, services, and topics that may be of interest to you or otherwise provide you with news, announcements, or updates;
5. Engaging with current and prospective advertisers, partners, service providers, and third parties;
6. Analyzing your use of our Website and Services;
7. Diagnosing and resolving problems with our Website and Services;
8. Personalizing our Website and Services for you;
9. Fulfilling services that have been requested, subscribed to or accepted by you;
10. Developing new products and services;
11. Advertising our products and services to you and conducting market research and planning;
12. Running and improving our business;
13. Publishing customer reviews on our Website; 
14. Performing accounting, audit, and other internal functions, such as internal investigations;
15. Evaluating job applicants for employment;
16. Complying with law, regulation, legal process, and internal policies;
17. Exercising and defending legal claims; and/or
18. Troubleshooting and ensuring protection from errors, fraud, or unlawful activities.

We may also aggregate and/or anonymize Personal Information and analyze that data for statistical or any other purposes permitted by law. 

We do not store your Personal Information for longer than is necessary to achieve the purposes set out above.

3. Do we disclose your Personal Information to third parties?

We may share Personal Information with service providers who process Personal Information on our behalf, subject to restrictions on their use of the information, including service providers who provide data hosting, information technology support, email hosting, marketing, and other services for the operation of our business. We may also disclose your Personal information to our affiliates, agents or consultants. We also share Personal Information with third-party marketing, advertising, and analytics companies, who may process Personal Information for their own purposes. Cogitate does not sell Personal Information for monetary consideration, though certain of our digital analytics and advertising activities may constitute a “sale” or “sharing” of Personal Information as those terms are defined under applicable privacy laws (see further discussion in the “Your Privacy Rights” section below).

Apart from the disclosure activities described above, we do not disclose Personal Information to any third parties without your consent, except if such disclosure or transfer is required in order to:

1. comply with a legal obligation, including compliance with a request for any Governmental agency mandated under the law to obtain information including sensitive personal data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences;
2. comply with any applicable law or order of a court, tribunal, adjudicatory or regulatory authority;
3. enforce our Terms or any other agreements;
4. respond to claims against Cogitate by third parties; or
5. protect the rights, property or personal safety of Cogitate or others, including sharing information in order to protect against fraud.

We may also disclose Personal Information to a successor entity or purchaser upon a merger, consolidation, or other corporate reorganization in which we participate, or pursuant to a financing arrangement or event of bankruptcy. 

4. International Users

The Personal Information we collect about you may be transferred to countries other than your country of residence. The Personal Information protection laws of other countries may be less stringent than the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your Personal Information without notice. 

Your Personal Information is stored on servers located in the United States of America, but may be disclosed and/or transferred to, and processed by, our development center located in India, i.e. Cogitate Technology Solutions India Pvt. Ltd. and its affiliate companies. 

5. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience on our website. These include both first-party and third-party cookies that help us with functionality, analytics, marketing, and advertising purposes.

Your Cookie Choices

When you visit our website, you are given the option to accept or reject all non-essential cookies. Essential cookies, which are required for the basic operation of the site, will remain enabled regardless of your choice.

1. If you accept, we may use third-party cookies for advertising, tracking, personalization, and social media features.
2. If you reject, only essential cookies will be used, and certain features or content may not function as intended.

You can change your cookie consent choice at any time by clearing cookies in your browser. 

6. Legal Bases for Processing

The legal bases on which we process your Personal Information are as follows:

1. With your consent, i.e. by accepting this Policy and the Terms;
2. Where such processing is necessary for the performance of the Terms;
3. Where such processing is necessary for compliance with a legal obligation to which we are subject; and
4. Where such processing is necessary in order to protect your vital interests or those of another natural person.

7. Your Privacy Choices

You may opt-out of receiving email marketing communications from us by clicking the unsubscribe link included in our emails or contacting us at Info@Cogitate.com. Please note that we may still send you service-related and administrative emails even if you opt-out of marketing communications.

Based on where you live, you may have additional rights regarding your Personal Information (see further information in the Your Privacy Rights section below).

8. Your Privacy Rights

Depending on your jurisdiction of residence, you may have some or all of the following rights with respect to your Personal Information as collected by us. Please note that these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

1. Right to know or request access to or review of your Personal Information. 
   • Residents of California have the right to know the categories of Personal Information we have collected about them, the categories of sources from which the Personal Information is collected, the categories of Personal Information sold, shared, or disclosed, the business or commercial purpose for selling, sharing, or disclosing the Personal Information, and the categories of third parties to whom we have sold, shared, or disclosed their Personal Information. California’s “Shine the Light” law also permits users of our Sites that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.
2. Right to request correction or amendment to your Personal Information.
3. Right to request deletion of your Personal Information.
4. Right to withdraw consent for the subsequent processing or use of your Personal Information.
5. Right to restrict or object to processing and to opt-out of sale, sharing for cross-context behavioral advertising, and targeted advertising. You can opt-out of “sale,” “sharing,” or targeted advertising by making a request to us or otherwise rejecting cookies. Additionally, if you visit our Website with the Global Privacy Control opt-out preference signal enabled, if required by law, this signal will be treated as a request to opt-out of “sale,” “sharing,” or targeted advertising. Please note your request may apply only to the browser or device from which you submit the request. Learn more about the Global Privacy Control here. 
6. Right to receive a copy of your Personal Information in a structured, commonly used, readily usable and machine-readable format, as well as the right to transmit such information to another entity, if we have collected such information with your consent and processed it by automated means.
7. Right to submit an internal grievance related to the processing of your Personal Information or file a complaint with a supervisory agency such as your state Attorney General or the Indian Data Protection Board.

Any requests to be made to Cogitate in this respect may be made by sending an email to Info@Cogitate.com or otherwise using the contact information listed at the end of this Policy, or as otherwise described in this section. Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your Personal Information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected Personal Information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.

9. California Consumer Privacy Act

This section provides additional disclosures for residents of California, as required by the California Consumer Privacy Act, as amended (“CCPA”). Please remember that the information we collect varies based on our relationship with you and note that certain Personal Information or activities may not be reflected in this section because they are exempt from the CCPA. 

CCPA Categories of Personal Information We Collect and Why We Collect Them 

We collect the following categories of Personal Information about California consumers. This information may be, or have been, collected directly from you, automatically when you use our Services, or from third parties or public sources.

• Identifiers, including real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number, or other similar identifiers.
• Personal Information described in Cal. Civ. Code § 1798.80(e), including name, signature, address, telephone number, education, employment, employment history, bank account information, credit card number, debit card number, or other financial information.
• Characteristics of protected classifications under California or federal law, including age and date of birth, veteran status, citizenship status. Collected from job applicants only. 
• Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information is not collected.
• Internet or other electronic network activity information, including Internet or other similar activity, browsing history, search history, information about a consumer’s interaction with our Website.
• Geolocation data, including location data inferred from your device IP address.
• Audio, electronic, visual, thermal, olfactory, or similar information, including audio recordings of phone or video calls.
• Professional or employment-related information, including business contact information as well as information collected during the hiring process.
• Non-public education information, including transcripts or other information which may be collected during the hiring process.
• Inferences used to create a profile reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Sensitive Personal Information, account log-in credentials; precise geolocation; and citizenship or immigration status. Note that citizenship and immigration status is collected only in the job applicant context. To the extent we collect sensitive Personal Information, we do not use it to infer characteristics about individuals.

We use the Personal Information we collect for the purposes described in Section 2 above.

CCPA Categories of Personal Information Disclosed 

We disclose all of the above categories of Personal Information to service providers or to other third parties as described in Section 3 above. Note that disclosures made to service providers are made for a business purpose under the CCPA, disclosures made to government agencies are made for purposes of complying with law, and disclosures made to other third parties are made pursuant to the individual’s consent.

CCPA Categories of Personal Information Sold or Shared

Under the CCPA, a “sale” of Personal Information does not necessarily involve an exchange of money. Instead, a sale also includes disclosures of Personal Information to third parties who may use the information for their own purposes, such as analytics and advertising partners. Similarly, under California law, “sharing” Personal Information refers to disclosing of Personal Information to third parties for cross-context behavioral advertising. Per these definitions, we sell and share the following categories of Personal Information to third party analytics and advertising partners:

• Identifiers
• Personal Information described in Cal. Civ. Code § 1798.80(e)
• Commercial information
• Internet or other electronic network activity information
• Geolocation data
• Inferences
• Sensitive Personal Information (i.e., precise geolocation) 

Privacy Rights for California Residents Relating to Your Personal Information

Please refer to the “Your Privacy Rights” section above for information regarding the rights you have with respect to your Personal Information and how to exercise them.

10. Security

We endeavor to ensure that our systems and your Personal Information remain secure. To this end, we comply with reasonable security practices and procedures by following industry standards and internal technical measures. Please note that since it is not possible to ensure complete security, we do not guarantee the security of your Personal Information. 

11. Third Party Links

Our Website and Services may contain links to third-party content or websites. We have no control over such third-party websites, or the websites where such third-party content is displayed. We expressly disclaim any liability or responsibility for such third-party websites or content. It is your responsibility to review the privacy policy of any such third-party websites before submitting any information on or through such websites.

12. Policy regarding Children

Our Website and Services are directed towards people who are at least 18 years of age. We do not solicit or knowingly collect, use, process or store information in relation to people below the age of 18.

13. Changes to the Privacy Policy

We may update or modify this Policy from time to time. This Policy is subject to change at our discretion, which will be indicated by updating the “Last Updated” date at the top of the Policy. Your continued use of the Services after any update to this Policy will constitute your acceptance of any changes. You should check this Policy periodically to keep yourself updated on any changes.

14. Change of Control

In the event that there is a change in control of Cogitate by reason of a sale, acquisition merger, reorganization, transfer or other similar transaction or event, your Personal Information may be transferred to a third party as part of such transaction.

15. Contact Information

If you have any grievances or inquiries with respect to the collection, use, processing or disclosure of your Personal Information by us, or wish to exercise your rights or choices with respect to your Personal Information, please address these to our Grievance Officer, whose details are as follows:

Cogitate Technology Solutions, Inc.

Attention Grievance Officer
400 Galleria Parkway, Suite 1100,
Atlanta, GA 30339

+1-(770)-644-0685
info@cogitate.com