Privacy Policy



Cognivive, Inc. Privacy Policy

Last updated November 25, 2020

Introduction

Thank you for choosing to be part of our community at Cognivive, Inc (“Cognivive,” “Company,” “we,” “us,” “our”).

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@cognivive.com.

When you use our “Services” (which includes the website, web portal, mobile application, virtual rehabilitation telehealth platform, data storage and processing, hardware/equipment, training, support, and other products or services we offer), we appreciate that you are trusting us with your personal information.

By accessing or using our Services, you agree to be bound by our Terms of Use and this Privacy Policy.

The Purpose of This Privacy Policy

We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important.

If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

For the purposes of this Privacy Policy, “Personal Information” means information that identifies you or could be used to identify you alone, or in combination with, other information.

If we also collect or generate Protected Health Information (“PHI”) in connection with the Services, your PHI will be treated in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”).

Please contact us at info@cognivive.com if you would like to learn more about our privacy practices related to PHI and HIPAA.

Table of Contents

  1. What Information Do We Collect?
  2. How Do We Use Your Information?
  3. Will Your Information Be Shared With Anyone
  4. How Long Do We Keep Your Information?
  5. How Do We Keep Your Information Safe?
  6. Do We Collect Information From Minors?
  7. What Are Your Privacy Rights?
  8. Controls For Do-Not-Track Features
  9. Do California Residents Have Specific Privacy Rights?
  10. Do We Make Updates To This Notice?
  11. How Can You Contact Us About This Notice?
  12. How Can You Review, Update, Or Delete The Data We Collect From You?

1. What Information Do We Collect?

Personal information you disclose to us

We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register, express an interest in obtaining information about us or our products and services when you participate in activities or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us, the choices you make, and the products and features you use.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information collected automatically

Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our services

We automatically collect certain information when you visit, use, or navigate our website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information.

This information is primarily needed to maintain the security and operation of our business, and for our internal analytics and reporting purposes.

Information we collect

The personal information we collect may include the following:

  • Identifying information such as name, date of birth, and employment details;
  • Contact and demographic information such as home address, home and mobile phone numbers and email address, password, marital status, gender and in some cases your work contact details;
  • Financial information, such as bank account and credit card details;
  • Information about your general practitioner, including the general practitioner’s name, contact number, facsimile and clinic address.
  • Information about your health and health services provided to you;
  • Information about your symptoms or diagnosis; specialist reports and test results; prescriptions and other pharmaceutical purchases; your wishes about future health services and appointment and billing details;
  • Lifestyle, diet, exercise and health related information that you choose to provide us;
  • Information about your activities, including sporting and other lifestyle interests;
  • Information about your physical movements and performance when using the hardware or equipment associated with our Services;
  • Information about your employment and education history and information contained in your resume;
  • Your IP address, device information and location information; and
  • Technical, analytical and behavioral information generated from tracking technologies which may be embedded within certain components of our Services.

2. How Do We Use Your Information?

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We use the information we collect or receive to:

  • Provide you with the Services;
  • Manage our relationship and communicate with you;
  • Verify your identity;
  • Personalize and enhance your experience while using the Services;
  • Respond to any inquiries or questions you submit to us;
  • Provide you with commercial materials, updates about Cognivive’s developments, new offerings, news regarding the Services and other services/products that may be of an interest to you;
  • Enable payment for our Services through third party payment processors;
  • Send you marketing communications or to advertise to you, e.g., via emails or advertisements on websites and social media platforms to promote and market our Services to you, and keep you informed of special offers or updates.  You can opt out of marketing communications at any time by using the unsubscribe information within the message you receive or by reaching out to us using the contact information below;
  • Enable you to use social features on our Services;
  • Protect the rights, property, or personal safety of Cognivive, its users or the general public and to keep the Services safe and secure to prevent fraud and crime;
  • Perform internal operations such as record keeping, database management, data analytics or training;
  • Comply with our legal obligations or enforce our legal rights;
  • Perform statistics and other analyses for research purposes;
  • Continuously improve, customize, and develop of our Services; and
  • Contact you regarding our Services, and so you can let us know your preferences in relation to such contact.

3. Will Your Information Be Shared With Anyone?

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. How Long Do We Keep Your Information?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

No purpose in this notice will require us keeping your personal information for longer than six (6) months past the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or if this 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.

5. How Do We Keep Your Information Safe?

We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process.

However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure.

Thus, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information.

Although we will do our best to protect your personal information, transition of personal information to and from our Services is at your own risk. You should only access the Services with a secure environment.

6. Do We Collect Information From Minors?

We do not knowingly collect data from or market to children under 18 years of age.

By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services.

If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.

If you become aware of any data we may have collected from children under age 18, please contact us at info@cognivive.com.

7. What Are Your Privacy Rights?

You may review, change, or terminate your account at any time.

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases, However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Depending on your jurisdiction and what type of user you are, you may have specific rights with respect to your Personal Information.

If you feel your rights have been violated, you can file a complaint with us directly by contact us at:

Tony J. Simon
2003 Baywood Lane
Davis, CA 95618
530-361-6006
info@cognivive.com

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/board/members_en

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html

Opting out of email marketing: You can unsubscribe from our marketing email list at any time clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example, to send you service-related emails that are necessary from the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

8. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your private preference not to have data about your online browsing activities monitored and collected.

At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. Do California Residents Have Specific Privacy Rights?

Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

10. Do We Make Updates To This Notice?

Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

11. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Ted Aronson, by email at ted@cognivive.com, or by post to:

Cognivive, Inc
2003 Baywood Lane
Davis, CA 95618

12. How Can You Review, Update, Or Delete The Data We Collect From You?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request. We will respond to your request within 30 days.

Cognivive, Inc
2003 Baywood Lane
Davis, CA 95618
530-361-6006
info@cognivive.com