Privacy Policy

Last Modified:  August 31, 2015

Protecting your private information is our priority.  This privacy policy (“Privacy Policy”) applies to Cognitive Advisors, LLC (hereinafter, variously “Cognitive Advisors,” “we,” or “our”), and our web and mobile platform and website, www.cognitiveadvisors.com, (collectively, the “Services”), and your choices about the collection and use of your information.

By using our Services in any manner, you indicate to Cognitive Advisors that you have read and accept our Privacy Policy and consent to the data practices described in this Privacy Policy.  If you are accessing the Services on behalf of your employer, you represent that you are authorized to accept the terms and provisions contained in this Privacy Policy on your employer’s behalf.  If you do not accept this Privacy Policy or do not meet and/or comply with the provisions set forth herein, then you may not use our Services.

PRIVACY CERTIFICATION:  U.S.-EU SAFE HARBOR FRAMEWORK & US-SWISS SAFE HARBOR FRAMEWORK

Cognitive Advisors complies with the U.S.- E.U. Safe Harbor Framework and the U.S. Swiss Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union (“EU”) member countries and Switzerland.  Cognitive Advisors has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the ‘Safe Harbor’ program, and to view Cognitive Advisors’ certification, please visit http://export.gov/safeharbor/.  This Privacy Policy applies to all personal information received by Cognitive Advisors whether in electronic, paper or verbal format.

INFORMATION WE COLLECT

When you use our Services, you may provide Cognitive Advisors with two (2) main types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse and use our Services. We collect information from you when you (a) use and/or access our Services, (b) register an account and/or subscribe to Cognitive Advisors, (c) open and/or respond to our emails, (d) contact Cognitive Advisors, (e) visit any page online that displays our content, (f) purchase products and/or services through our Services, and/or (g) provide information to any of our third party vendors and/or partners.

Personally Identifiable Information You Choose to Provide

We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request.  We collect personal information such as you or your organization’s: (i) contact information (including name, telephone number, email and address); (ii) learning content (including information, data, text and/or other materials) submitted by you; (iii) username and password (specifically chosen by you and/or your social media user name/handle); (iv) contact information of employees and/or others you share with us; (v) demographic information (including age, birthdate and gender); (vi) location information (such as geographic location of the device you are using) and (vii) preferences and behavior (such as activity stream, job skills and learning paths).  Once you register, you have opted in to receive electronic communications from Cognitive Advisors.  Cognitive Advisors may also provide you with the opportunity to participate in surveys through our Services.  If you participate, we will request certain personally identifiable information.  Participation in surveys is completely voluntary and you therefore have a choice whether to disclose such information.

Non-Personally Identifiable Information We Collect

Cookies:  We use cookies and web log files to track website usage and trends, to improve the quality of our service and to customize your experience.  A “Cookie” is a tiny data file that resides on your computer, mobile phone, or other device, and allows Cognitive Advisors to recognize you as a user when you return to our website using the same computer and web browser.  Information gathered through Cookies may include the date and time of visits, the pages viewed, and time spent at our website. You can remove or block Cookies using the settings in your browser, but in some cases that may impact your ability to use our Services.

Device Data: We use device data, which is information concerning a device you use to access, use, and/or interact with the Services, such as operating system type and/or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier and/or other device identifier, mobile phone carrier identification, and device software platform and firmware information.

Aggregate:  We may collect non-identifying and statistical information about the use of our Services, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on.  This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share user information in the aggregate with third parties.

Other Tracking Technologies: We may supplement information you provide to us with information from other sources, such as information to validate and/or update your address and/or other demographic information.  This information is used to maintain the accuracy of information on our website and for internal analysis.  We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or in our emails that allow us to determine whether you have performed specific actions and are further used to track online movements of our users.  In contrast to Cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on web pages.  We do not tie the information gathered by clear gifs to your personally identifiable information.

Third Party Services:  To support the services we provide to you, we may use services hosted by third parties.  These services may collect information sent by a browser as part of a web page request, including Internet Protocol (“IP”) addresses, browser software, and/or clickstream patterns. If such third party services collect information, they do so anonymously without identifying individual visitors.  However, we may link the information we record using tracking technology to personal information we collect.  In addition, we may allow third parties who list services to use Cookies in connection with your use of the Services.  They may collect and store the same type of information and use it similarly to Cognitive Advisors, as described above.

HOW WE USE THAT INFORMATION

General Use

We use information collected as described in this Privacy Policy to provide you with the information and/or content that you have requested, and, in some cases, to contact you about our products, features and/or services.  We also use the information collected to take the following actions:

  • operate, maintain and improve our Services;
  • answer questions and respond to your requests;
  • perform analytics and conduct research;
  • send you reminders, support and marketing messages;
  • manage our administration of the Services;
  • improve the design and content of our Services; and
  • analyze programs, products and services we offer.

The information collected in the aggregate enables Cognitive Advisors to better understand your use of the Services and to enhance your enjoyment. We may use financial information to process payment for any purchases made on our Service, enroll you in one of our accounts and/or other related services in which you elect to participate.  If you use the Services, you agree to receive certain communications from us including but not limited to the following:

Customer Service.  Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request and to manage your account. We will communicate with you by email or telephone, as you may elect.

Parties with whom we may share your information:

We may share your personally identifiable information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with employees, contractors, and/or agents that help Cognitive Advisors provide the Services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services.  We take the privacy of our users very seriously, and we do not sell, rent, and/or otherwise provide your personally identifiable information to third parties for marketing purposes.  We will not share your personally identifiable information in ways unrelated to those described in this Privacy Policy without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated use. We encourage our Service Providers to adopt and post privacy policies; however, such Service Provider’s use of personally identifiable information obtained through Cognitive Advisors is governed by such Service Provider’s privacy policies and is not subject to our control. Certain Service Providers will automatically collect non-identifying information about your use of our Services by using Cookies and other technologies as similarly used by Cognitive Advisors.

Sharing between Organizations

As part of the ‘TREK’ learning experience manager, Cognitive Advisors will facilitate the sharing of information between an organization and/or its administrator and the users involved in the analysis process through the Services. As part of the learning technology, you and/or your administrator will have access to learning paths, competencies, field based experiences, curriculum and/or productivity.  The parties using the Services may contact each other through the notification system and/or receive feedback.

Disclosures

Cognitive Advisors will not disclose your personal information to third parties except as set forth in this Privacy Policy and in the following circumstances: (i) to investigate and defend Cognitive Advisors users against any third party claims and/or allegations and/or otherwise to protect Cognitive Advisors from liability, (ii) to investigate, prevent and/or take action regarding suspected and/or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process and/or comply with the law, (iv) to exercise or protect the rights, property and/or personal safety of the users of the Services and/or (v) to protect the security and/or integrity of the Service.

What happens in the event of a change of control:

If we sell or otherwise transfer part or all of Cognitive Advisors or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information such as name and email address, user content and/or any other information collected through the Services may be among the items sold and/or transferred.

YOUR INFORMATION CHOICES

We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information.  Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to Cognitive Advisors, and you can limit the communications that Cognitive Advisors sends to you.  If you visit our Services and volunteer personally identifiable information, you can opt out of receiving notifications, and you may review, modify, update, and/or delete such personally identifiable information by contacting Cognitive Advisors, your administrator and/or by changing your preferences on the Service.  Please be aware that even after your request for a change is processed, Cognitive Advisors may, for a time, retain residual information about you in its backup and/or archival copies of its database.  Please be aware that we may still email you non-commercial emails related to your account and your transactions through our Services.  Following termination and/or deactivation of your account, Cognitive Advisors may retain information (including without limitation your profile information) for a commercially reasonable time for backup, archival, and/or audit purposes. In some cases, if you choose not to provide Cognitive Advisors with requested information, you may not be able to use and/or access all of our Services.

How to Opt Out of Collection By Cognitive Advisors And Transfers to Third Parties

Cognitive Advisors will offer users in the E.U. whose personally identifiable information has been transferred to the United States the opportunity to opt out from: (a) the disclosure of personally identifiable information to a non-agent third party; and (b) the use or disclosure of personally identifiable information for a purpose other than the purposes for which the information originally was collected or subsequently authorized by the individual or a compatible purpose. If Cognitive Advisors were to receive “sensitive personal information” (which includes, without limitation, personal information specifying medical and/or health conditions, racial and/or ethnic origin,), Cognitive Advisors will request and obtain affirmative consent before disclosing such information to a non-agent third party and before using such information for a purpose other than the purpose originally disclosed and/or a compatible purpose.  Cognitive Advisors will provide you with reasonable mechanisms to exercise your choices should such circumstances arise.

Your California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to receive:  (a) information identifying any third party companies to whom Cognitive Advisors may have disclosed personal information to for direct marketing, within the past year; and (b) a description of the categories of personal information disclosed. To obtain such information, please email your request to info@cognitiveadvisors.comand we will provide a list of categories of personal information disclosed within thirty (30) days of receiving such a request.  This request may be made no more than once per calendar year.  We reserve the right not to respond to requests submitted in ways other than those specified above.

DATA INTEGRITY AND ACCESS

Cognitive Advisors will only process personal information in a way that is set forth herein and relevant for the purpose for which it was collected and/or authorized by you. Upon request, we will grant you reasonable access to personal information that we hold about you.  For security purposes, Cognitive Advisors may require verification of identity before providing access to personal information.

ONWARD TRANSFERS

Cognitive Advisors will always offer our users, including without limitation those located in the EU and Switzerland, whose personal information has been transferred to the United States, the opportunity to opt out from the disclosure of personal information to a non-agent third party for any reason not disclosed in this Privacy Policy.  Cognitive Advisors will make sure that any third party receiving personal information subscribes to the Safe Harbor principles and/or is subject to law providing the same level of privacy protection as is required by Cognitive Advisors and agree in writing to provide an adequate level of privacy protection.

SERVICE ELIGIBILITY AND CHANGES

Children and Minors. Cognitive Advisors does not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at info@cognitiveadvisors.com. By using the Services, you represent that you are at least eighteen (18) years old and understand that you must be at least eighteen (18) years old in order to create an account and/or purchase the goods and/or services through the Services.

Changes to Privacy Policy.  We may update this Privacy Policy at any time, with or without advance notice, so please review it periodically.  We may provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modifications and/or updates.  You can determine when this Privacy Policy was last revised by referring to the date it was “Last Modified” above.

SECURITY

We work hard to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure and/or destruction of information we hold.  Your account is protected by password for your privacy and security.  We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, Cognitive Advisors cannot warrant the security of any information you transmit to Cognitive Advisors or guarantee that information on the Services may not be accessed, disclosed, altered and/or destroyed by breach of any of our physical, technical and/or managerial safeguards.  Please do your part to help Cognitive Advisors.  You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Cognitive Advisors, at all times.  Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing your account.   We are not responsible for the functionality, privacy and/or security measures of any other organization.

DATA TRANSFERS

Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information.  By using our Services, you agree and consent (and represent that you have the authority to provide such consent) to the information collection, use and sharing practices described in this Privacy Policy and understand that the laws of the United States and other countries and territories related to the foregoing may differ from those of other countries and may not be as protective as the laws in the country where you reside.  Regardless of the laws in place in such countries, we will treat the privacy of your information in accordance with this Privacy Policy.

OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites and/or services linked to and/or from our Services, including the information and/or content contained therein. Please remember that when you use a link to go from our Services to another website and/or service, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website and/or service, including those that have a link on our Service, are subject to such third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your personal information. If you are using a third-party website and/or service and you allow them to access your personal information, you do so at your own risk.

ENFORCEMENT

Cognitive Advisors uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible and in conformity with the ‘Safe Harbor Principles’.  We encourage you to raise any concerns using the contact information provided and we will investigate and attempt to resolve any disputes regarding use and disclosure of personal information in accordance with the ‘Safe Harbor Principles’.

If for some reason a complaint or dispute cannot be resolved through our internal process, in compliance with the U.S.- E.U. Safe Harbor Framework and the U.S. Swiss Harbor Framework Safe Harbor Privacy Principles, Cognitive Advisors has further committed to refer unresolved privacy complaints to an independent dispute resolution mechanism.  Any dispute, controversy and/or claim arising out of or relating to this Privacy Policy, will be referred to and finally determined by Judicial Arbitration and Mediation Services (“JAMS”).  If you do not receive timely acknowledgment of your complaint, and/or if your complaint is not satisfactorily addressed by Cognitive Advisors, please visit the JAMS website at www.jamsadr.com for more information and to file a complaint.

LANGUAGE

The governing language of this Privacy Policy is English, which shall prevail over any other languages used in any translated document.

HOW TO CONTACT US

If you have questions or comments about this Privacy Policy, please email us at info@cognitiveadvisors.com