PRIVACY POLICY

This Privacy Policy (“Policy”) governs how Cogitate Technology Solutions, Inc. (hereinafter referred to as “Cogitate”, which shall be deemed to include a reference to its parent, affiliate and/or sister companies, specifically including Cogitate Technology Solutions India Pvt. Ltd. collects, stores, processes, uses and shares the personal information provided by you or in relation to you while accessing and/or using the websitewww.cogitate.us (hereinafter referred to as “the Website”) and any services or functionality provided on or through the Website (hereinafter referred to as “Services”). For the purposes of these Terms, the terms “we”, “us”, or “our” are references to Cogitate, and the terms “you” or “your” are references to the person accessing the Website or Services.

You are not authorized to access or use the Website or 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 terms-of-use.html. By accessing or using the Website or 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.

Please note that this Policy only applies to “personal information” collected on this Website, and does not apply to information you provide through other modes, such as through social media, or to any third party websites.

For the purposes of this Policy, and in compliance with the Regulation (EU) 2016/679, i.e. the General Data Protection Regulation, the term “personal information” refers to information relating to a natural person who is directly or indirectly identifiable, with reference or regard to identifiers such as a name identification number, location data, online identifier, characteristic, trait, attribute or any factor specific to that person's physical, physiological, genetic, mental, economic, cultural or social identity.

Please note that you are not obligated to provide Personal Information described in this Policy. If you choose not to accept this Policy, you may not be able to access the Website or Services.

1. What Personal Information do we collect?

   As a result of or as a precursor to access or use of the Website or Services by you, we may collect the following Personal Information from you:

   1. During mere 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

   2. When filling up the web form available at contact-us.html 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 utilisation of the Services offered on or through the Website: Commercial information such as records of any transactions you have undertaken on or through the Website, any products or services you have availed, your usage and interaction with our Website, and any information specifically provided by you through any web form or any other means, including through social media

   5. Additionally, we may collect information by automated means when you access the Website or Services. This has been explained in detail in our “Cookie Policy” below

   6. Please note that the collecting and retaining agencies with respect to your Personal Information are Cogitate Technology Solutions, Inc. and Cogitate Technology Solutions India Pvt. Ltd, including their affiliate companies.

2. How do we use your Personal Information?

   We shall 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;

   3. Communicating with you, including for administrative purposes;

   4. Analysing your use of our Website and Services;

   5. Diagnosing and resolving problems with our Website and Services;

   6. Personalising our Website for you and Services for you;

   7. Fulfilling services that have been requested, subscribed to or accepted by you;

   8. Developing new products and services;

   9. Advertising our products and services to you and conducting market research and planning;

   10. Running and improving our business;

   11. Publishing customer reviews on our Website; and/or

   12. Troubleshooting and ensuring protection from errors or unlawful activities

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

3. Right to Opt Out

   You have the right to opt out of having your Personal Information used for direct marketing purposes. Any requests to be made to Cogitate in this respect may be made by sending an email to info@cogitate.us. No such request shall be treated as effective unless communicated in this manner. We reserve the right to seek further details from your in respect of any such request made. Such a request does not stop the delivery of any service-related communications with respect to services already purchased, subscribed to, accepted or requested by you.

4. Do we disclose or transfer your Personal Information to third parties?

   We do not disclose or transfer your 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

   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 centre located in India, i.e. Cogitate Technology Solutions India Pvt. Ltd. and its affiliate companies. In such a case, we ensure that adequate and appropriate data protection

   safeguards are in place to protect your Personal Information. Please note that Indian law has enforceable rights and remedies with regard to data protection.

   We may disclose your Personal Information to third-party service providers, advertisers and/or third-party analytics providers in order to improve the quality of Services provided to you. We may also disclose your Personal information to our affiliates, agents or consultants in order to process and store such information, generate reports, and offer products and/or services to you.

5. Cookie Policy

   We use small text files called “cookies” to collect certain information when you visit the Website. These text files are saved on your computer when you visit a website. They enable us to analyse your interaction with our Website and Services, remember your preferences, gather demographic information about our user base, and facilitate the operation of our Website and Services. For instance, we may collect information about your Internet Protocol (IP) address, physical location, type of browser, operating system, Internet Service Provider (ISP), and date or time of visiting the Website. We may also collect individual and aggregated information including the number of hits received by the Website, usage of various functions on the Website, and user behaviour and experience on the website.

   You may choose to disable cookies through your internet browser. Further, you may also choose to set a “Do Not Track” privacy preference through your internet browser. However, doing so may restrict or curtail your ability to browse and use our Website and Services.

   We use the following types of cookies:

   • Strictly necessary cookies: These are cookies that must be enabled to allow you to safely access the Website and Services. These are essential to ensure that our Website can operate properly.

   • Preference or functionality cookies: These cookies allow the Website to remember your preferences regarding various features of the Website and help us improve your Website experience. For instance, these may be used to determine which webpages you have browsed or how you have interacted with the Website.

   • Statistics or performance cookies: These cookies help us analyse your use of the Website and improve our services.

   • Marketing or advertising cookies: We may use these cookies to help advertisers deliver targeted and more relevant advertisements to you, by tracking your online activity to determine your interests.

   These cookies may also be classified as “persistent” cookies, i.e. those that are stored on your computer and used during later visits to our Website, and “session” cookies, that are stored and used for each specific visit to our Website.

   We have no control over third-party cookies that may collect information when you access the Website or Services, including cookies used by social media companies.

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 Rights

   You have the following rights with respect to your Personal Information as collected by us:

   1. Right to request access to or review of your Personal Information, as well as the rectification, completion, updation, amendment and erasure of your Personal Information;

   2. Right to withdraw consent for the subsequent processing or use of your Personal Information;

   3. Right to receive 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;

   4. Right to file a complaint with a supervisory authority appointed under Regulation (EU) 2016/679, i.e. the General Data Protection Regulation; and

   5. Right to not be subject to a decision solely based on automated individual decision making, including by profiling.

   Any requests to be made to Cogitate in this respect may be made by sending an email to info@cogitate.us.No such request shall be treated as effective unless communicated in this manner. We reserve the right to seek further details from your in respect of any such request made.

8. California Consumer Privacy Act, 2018

   If you are a user based in California, you have the following rights with respect to your information:

   1. Right to know what personal information we have collected and to access such information;

   2. Right to know whether and to whom your personal information has been sold or disclosed;

   3. Right to object to the sale of your personal information;

   4. Right to request deletion of your personal information, unless maintenance of such information is necessary for us to achieve any of the exempted purposes set out in the California Consumer Privacy Act, 2018;

   5. Right not to be discriminated against for exercising these rights;

   6. Right to request disclosure of the following information, up to two times in twelve months:
      

      • The categories of personal information collected

      • The categories of sources from which the personal information is collected

      • The business or commercial purpose for collecting or selling personal information

      • The categories of third parties with whom we share personal information

      • The specific pieces of your personal information we have collected

      • The categories of your personal information that we have disclosed for a business purpose

      • The categories of your personal information that we have sold and the categories of third parties to whom such information has been sold and the category or categories of personal information for each third party to whom the personal information was sold

      • Please note that we may request identity verification in order to provide such information.

      • “Do Not Sell My Personal Information”: Right to opt out of the sale of your personal information; and

      • Third Party Marketing: The right to request information regarding the disclosure of your personal information to third parties for the third parties' direct marketing purposes

   Any requests to be made to Cogitate in this respect may be made by sending an email to info@cogitate.us.No such request shall be treated as effective unless communicated in this manner. We reserve the right to seek further details from your in respect of any such request made.

9. Security

   We endeavour 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. However, in the event that we become aware of any breach affecting your Personal Information, we shall inform you of this fact using the contact details provided by you, if any.

10. 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.

11. Policy regarding Children

    In compliance with the Regulation (EU) 2016/679, i.e. the General Data Protection Regulation, our Website and Services 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.

12. Changes to the Privacy Policy

    We may update or modify this Policy from time to time. Any such update or modification shall be effective from the date that such change is visible on this pageprivacy-policy.html. This Policy shall carry information on the “Last Updated Date” at the top of the page. You should check this Policy periodically to keep yourself updated on any changes.

13. Change of Control

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

14. Grievance Officer

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

Mr. Arvind Kaushal
Cogitate Technology Solutions, Inc
Attn: President
1904 Leland Drive, SE
Marietta, GA 30067-6102
+1-(770)-644-0685
akaushal@cogitate.us