Privacy Policy - Kognitiv Corporation

Revised Date: 2020-12-16

Overview

This Privacy Policy applies to the companies listed at kognitiv.com/info/kognitiv-entities (collectively "Kognitiv", "we", "us", "our") and explains how Kognitiv collects, records, holds, stores, uses, discloses or otherwise processes (collectively "Process") personal information.

What is Personal Information

Personal information (also referred to as "personal data" in some jurisdictions) is any information, or a combination of pieces of information, that can be used to identify you or that we can link to you, including but not limited to:

Kognitiv's Primary Activities

Kognitiv's primary activity is assisting clients in relation to:

These activities are collectively referred to as "Programs."

Kognitiv's Role in Data Processing

Where you are a member of, or otherwise participate in a Program, or are interested in or eligible to become a member of a Program, Kognitiv may have access to your personal information. Kognitiv Processes this personal information on behalf of clients, and clients are responsible for its collection and use.

Under European data protection law: Kognitiv entities are 'processors' of this personal information. Where required by applicable data protection law, clients will explain more about how personal information is used in their Programs.

For Kognitiv's own use: Kognitiv collects some personal information for its own use. This Privacy Policy describes the purposes for which Kognitiv carries out that Processing. Unless informed otherwise, the Kognitiv entity that you enquire about, communicate with, whose website you visit (where that website links to this Privacy Policy), or that you receive services from or provide services to is responsible for the collection and use of your personal information. Under European data protection law, this entity is known as the 'controller'.

Exclusions from This Privacy Policy

This Privacy Policy does NOT apply to:

  1. Air Miles Middle East program - This program has its own distinct privacy policy available on the Air Miles Middle East website

  2. Staff information - Collection and use of information relating to Kognitiv staff (including employees, interns, consultants, and independent contractors). These individuals can obtain further information about the Processing of their personal information by contacting their local People & Culture department

  3. Recruitment processes - Collection and use of personal information during recruitment processes. Further information can be obtained by contacting your local People & Culture department

1. Collection of Personal Information

Sources of Personal Information

Kognitiv collects personal information about you for its own use from a variety of sources, including directly from you and from other sources.

Direct Collection from You

Kognitiv collects personal information directly from you when you:

Types of Personal Information Collected Directly

The types or categories of personal information collected and Processed will depend on the circumstances, and may include:

Information Category Examples
Contact details Name, address, email, phone numbers
Business information Bank account details and other relevant financial information (in some cases where required for business)
Prior dealings Information on prior dealings with Kognitiv
Personal preferences Age and information on personal lifestyle preferences
User-provided information Contact details, details of questions or requests
Automatically collected information Statistical information regarding use of Kognitiv websites, cookies, website users' IP addresses, dates and times of visits

Further information about Kognitiv's use of cookies and tracking technologies is available in the Cookie Policy at kognitiv.com/info/cookie-policy.

Collection from Other Sources

Where permitted by applicable law, Kognitiv may also collect and Process personal information from other sources for its own use, including but not limited to:

Categories of Information from Other Sources

Information Category Examples
Personal details Name, date of birth
Contact details Address, email, phone numbers
Commercial information Employer, position, experience

Legal Requirements and Consequences

Kognitiv may be required by law, or as a result of a contractual or other relationship, to collect certain personal information about you. Failure to provide this information may prevent or delay the fulfilment of these obligations. Where required by law, Kognitiv will inform you at the time your information is collected whether its provision is compulsory and of the consequences of the failure to provide such information.

Children's Privacy

Kognitiv's websites are not directed toward individuals under the age of 16 and Kognitiv does not knowingly or intentionally collect or process personal information from individuals under the age of 16.

Do Not Track Settings

Kognitiv's website does not honour "do not track" settings on web browsers and does not offer you the opportunity to request that Kognitiv not track your use of its services except as otherwise stated in this Privacy Policy or the Cookie Policy at kognitiv.com/info/cookie-policy.

2. Use and Disclosure of Personal Information

How Kognitiv Uses Personal Information

Kognitiv Processes your personal information to:

Automated Decision Making

Kognitiv may automatically Process your personal information to evaluate personal aspects and predict outcomes. For example, Kognitiv may make automated decisions about you based on your personal information to show tailored content on Kognitiv websites. These types of decisions will not have legal or similar effects for you, but you can still contact Kognitiv for further information.

Legal Basis for Processing (European Data Protection Law)

European data protection law requires Kognitiv to have a legal basis to Process your personal information. In most cases where a legal basis is needed, it will be one of the following:

  1. Contractual obligations - To fulfil contractual obligations to you, for example to provide the services you have requested. Failure to provide this information may prevent or delay the fulfilment of these contractual obligations

  2. Legal compliance - To comply with legal obligations

  3. Legitimate interests - To meet legitimate interests, for example to understand how you use services and to enable Kognitiv to derive knowledge from that information to develop new services. When Processing personal information to meet legitimate interests, Kognitiv puts in place robust safeguards to ensure that your privacy is protected and to ensure that legitimate interests are not overridden by your interests or fundamental rights and freedoms

Consent-Based Processing

Kognitiv may also obtain your consent to collect and Process certain types of personal information when required to do so by law (for example, in relation to direct marketing activities, use of cookies and similar technologies - see Cookie Policy at kognitiv.com/info/cookie-policy).

If Kognitiv asks for your consent to Process your personal information, you may withdraw your consent at any time by contacting Kognitiv using the details at the end of this Privacy Policy.

Sharing Personal Information with Third Parties

In carrying out its business, Kognitiv may share your personal information with third parties. For example:

Affiliated Companies

Kognitiv may share personal information, including for example, information relating to your inquiry about services, between and among affiliated companies.

Service Providers

Like most large organisations, Kognitiv uses a range of service providers to help maximize the quality and efficiency of services and business operations. This means that individuals and organisations outside of Kognitiv will sometimes have access to personal information held by Kognitiv and may use it on Kognitiv's behalf.

Service providers include:

Specific tools used:

Law Enforcement and Government Authorities

Kognitiv may share personal information with law enforcement agencies, courts, regulators, government authorities or other third parties where Kognitiv believes this is necessary to comply with a legal or regulatory obligation, or otherwise to protect Kognitiv's rights or the rights of any third party.

Asset Purchasers

Kognitiv may share personal information with any third party that purchases, or to which Kognitiv transfers, any of its assets and business. Should such a sale or transfer occur, Kognitiv will use reasonable efforts to try to ensure that the entity to which personal information is transferred uses it in a manner that is consistent with this Privacy Policy.

3. Transferring Personal Information Outside the Jurisdiction

International Data Transfers

Kognitiv may disclose personal information to destinations outside the jurisdiction from which it was collected.

In the conduct of business, Kognitiv discloses to, holds or accesses personal information from various countries, including without limitation:

Data Protection Safeguards

The privacy laws of the countries to which Kognitiv transfers personal information may not provide the same level of protection as the privacy laws of the country from which the personal information was collected or be regarded as ensuring an adequate level of protection for personal information under European data protection law.

However, this does not change Kognitiv's commitments to safeguard your privacy and Kognitiv will put in place appropriate safeguards in accordance with applicable legal requirements to ensure that your personal information is adequately safeguarded.

For more information on the appropriate safeguards in place, please contact Kognitiv using the details below.

4. Buttons and Links to Other Websites

Third-Party Websites and Services

Kognitiv's websites may contain:

Third-Party Tracking and Data Collection

These third-party websites and services may use cookies or other tracking devices to collect and track information about you across the Internet. Please see the Cookie Policy at kognitiv.com/info/cookie-policy for further information.

Kognitiv's Responsibility

These third party websites and services are not under Kognitiv's control and Kognitiv is not responsible for:

Those websites and services are not subject to this Privacy Policy.

Before disclosing your personal information on any other website or service, Kognitiv recommends that you examine the terms and conditions and privacy policy of that website or service. Kognitiv is not responsible for any practices on third party website or service that might breach your privacy.

5. Your Rights Regarding Your Personal Information

General Rights (Subject to Local Applicable Law)

You have a number of rights in relation to your personal information, including the right to:

If you would like to discuss or exercise such rights, please contact Kognitiv at the details below.

Updating Your Information

Kognitiv encourages you to contact Kognitiv to update or correct your personal information if it changes or if the personal information Kognitiv holds about you is inaccurate.

Kognitiv will contact you if additional information is needed from you in order to honour your requests.

Nevada Residents

If you are a Nevada resident, you have the right under Nevada law to request that Kognitiv does not sell your personal information for monetary consideration to certain other parties. This right applies even if your personal information is not currently being sold.

California Residents (CCPA Rights)

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) described below:

Do Not Sell My Personal Information

You have the right to opt-out of the sale of your personal information. Kognitiv does not currently sell (as sell is defined in the CCPA) any personal information.

Your Right to Disclosures

You have the right to know and may request from Kognitiv:

Your Right to Data Deletion

You have the right to request that Kognitiv delete any personal information about you that Kognitiv has collected. The CCPA does not obligate Kognitiv to delete information under all circumstances, including where Kognitiv needs the information to:

Kognitiv will also maintain a record of your requests to exercise your rights under the CCPA.

Non-Discrimination

Kognitiv will not discriminate against you for exercising your privacy rights.

6. Security of Your Personal Information

Kognitiv will endeavour to take all reasonable steps to:

Kognitiv requires its employees and service providers to:

7. Retention of Personal Information

Retention During Active Relationship

Kognitiv will keep your personal information for as long as Kognitiv has a relationship with you.

Retention After Relationship Ends

Once the relationship with you has come to an end, Kognitiv will retain your personal information for a period of time that enables Kognitiv to:

Deletion of Personal Information

Kognitiv will delete your personal information when it is no longer required for these purposes. If there is any information that Kognitiv is unable, for technical reasons, to delete entirely from its systems, Kognitiv will put in place appropriate measures to prevent any further processing or use of the information.

8. Contacting Kognitiv

General Privacy Inquiries and Complaints

If you have any concerns or complaints about how Kognitiv Processes your personal information, or if you have any questions about this Privacy Policy, please contact Kognitiv at:

Email: [email protected]

Data Protection Officer

Kognitiv has appointed a data protection officer. The data protection officer can be contacted at:

Email: [email protected]

Data Protection Supervisory Authority

Subject to local applicable law, you also have the right to lodge a complaint with your data protection supervisory authority. For individuals in Europe, the relevant data protection supervisory authority will be that in the European country where you work, reside or where the subject-matter of your complaint arises.

Nevada Residents - Exercising Rights

If you are a Nevada resident and wish to exercise your rights under Nevada law (see Section 5 above), you may submit your request by sending an email to:

Email: [email protected]

Kognitiv will need to verify your identity in order to process your request.

California Residents - Exercising CCPA Rights

If you are a California resident and wish to exercise your rights under the CCPA, you may do so via:

Kognitiv will need to verify your identity in order to process your requests.

9. Future Changes to This Privacy Policy

Policy Updates

Kognitiv operates in a dynamic business environment. Over time, aspects of Kognitiv's business may change as Kognitiv responds to changing market conditions. This may require policies to be reviewed and revised. Kognitiv may change this Privacy Policy at any time.

Accessing Current Version

The most current version of this policy will govern Kognitiv's use of your information and will always be available via a link from the Kognitiv website. Please check this link often for changes.

Notice of Fundamental Changes

Where changes to this Privacy Policy will have a fundamental impact on the nature of the Processing or otherwise have a substantial impact on you, Kognitiv will give you sufficient advance notice on the website so that you have the opportunity to exercise your rights (e.g. to object to the Processing).

Contact Information

General Inquiries: [email protected]

Privacy Inquiries: [email protected]

Social Media: LinkedIn - Kognitiv Corporation

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