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Last Updated: 30th July 2020

This is the privacy notice of Cognisium Pty Ltd (“Cognisium”).  In this document, ““we”, “our”, or “us” refers to Cognisium.

 

Introduction

This privacy notice aims to inform you about how we collect and handle any information that we collect from you, or that you provide to us. It covers both information that could identify you (“personal information”) and information that could not.

We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).

Our policy is both specific and strict. It complies with Australian law and with the laws of all jurisdictions of which we are aware. This Privacy Policy sets out our practices with respect to the handling of personal information in connection with your use and our operation of Cognisium, or otherwise when you interact with us. This Privacy Policy does not apply to any personal information that we collect or hold about our employees.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

We collect a variety of information from visitors to our website and users of our software, some of which can be confidential. This policy explains the types of information we collect, how we collect it and what we do with that information.

By visiting our website, using any of our services or otherwise providing us with your personal information (or authorising it to be provided to us by someone else), you agree to your personal information being handled as set out in this Privacy Policy.

Your continued use of our services, requesting our assistance or the provision of further personal information to us (directly or via an authorised person), constitutes your acceptance of the Privacy Policy.

As we plan to ensure our privacy policy remains current, this policy is subject to change. Please return periodically to review our privacy policy.

This Privacy Policy sets out the following information:

1. What personal information is collected

2. How we use your personal information

3. When might we disclose personal information

4. Hosting and international transfers

5. General Data Protection Regulation (GDPR) for the European Union (EU)

6. California Consumer Privacy Act (CCPA)

7. Cookie Usage

8. Security of your personal information

9. Review or update personally identifiable information

10. Dealing with us anonymously or by pseudonym

11. Complaints about privacy

12. How to contact us

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1. What personal information is collected

Information gathered includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our member. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

Cognisium Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

This information is used:

• to provide you with the services which you request;

• for verifying your identity for security purposes;

• for marketing our services and products;

• information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service;

• for the purpose of legally interacting in the normal course of business during a due diligence process, sale of the business or merger and acquisition activities.

 

We keep information, which forms part of our business record for a minimum of five years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

 

2. How we use your personal information

Cognisium Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

Cognisium will use personal information only for the purposes that you consent to. This may include to:

• provide you with products and services during the usual course of our business activities;

• administer our business activities;

• manage, research and develop our products and services;

• provide you with information about our products and services;

• communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail; and

• investigate any complaints.

 

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

 

3. When might we disclose personal information

 Cognisium may disclose your personal information to other entities or individuals to facilitate the purpose for which information was collected. Such entities and individuals include:

• our members, as the case may be. We may disclose your personal information including contact details to another member but only when such disclosure is in relation to progressing an application to provide services, or otherwise where you have given us permission to make the disclosure to the other member;

• our contractors, agents and third-party service providers for the purpose of enabling them to provide a service such as (but not limited to) IT service providers, analytics & reporting, data storage, web-hosting and server providers, debt collectors;

• such third parties as expressly permitted in our terms and conditions with members (as applicable);

• governmental or regulatory authorities having jurisdiction over Cognisium or any of our services; 

• a third party payment processor if you conduct any transaction that requires a payment by you, some of your details may be provided to allow the transaction to be completed; or

• any person if you have given your express consent to the disclosure. 

•  Cognisium Pty Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

• We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

 

Those entities and individuals will be permitted to obtain only the personal information necessary to deliver the service. Cognisium takes reasonable steps to ensure that these organisations and individuals are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

 

4. Hosting and International Transfers

Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia, United States of America, Ireland, South Korea, Taiwan, Israel and UAE.

We have offices and/or facilities in Australia and the UAE. Transfers will be protected by appropriate safeguards, these include the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website.

 The hosting facilities for our website are situated in Australia, United States of America, Ireland, South Korea, Taiwan and Israel. Transfers to each of these Countries will be protected by appropriate safeguards, these include the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website.

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

 

5. General Data Protection Regulation (GDPR) for the European Union (EU)

Cognisium Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

The Processor for the data we collect from you is Wix.com and we are a Controller as defined in the GDPR.

We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

 

Your rights under the GDPR

If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Cognisium Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

Except as otherwise provided in the GDPR, you have the following rights:

• to be informed how your personal information is being used;

• access your personal information (we will provide you with a free copy of it);

• to correct your personal information if it is inaccurate or incomplete;

• to delete your personal information (also known as "the right to be forgotten");

• to restrict processing of your personal information;

• to retain and reuse your personal information for your own purposes;

• to object to your personal information being used; and

• to object against automated decision making and profiling.

Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

We may ask you to verify your identity before acting on any of your requests.

 

6. California Consumer Privacy Act (CCPA)

For purposes of this Section 6 only, the terms “personal information,” “collection,” “sell,” “business purpose” and “commercial purpose” have the meaning given to them under the California Consumer Privacy Act of 2018 (the “CCPA”).

If you reside in California, USA, you have certain rights set forth below. These rights are in addition to any other rights you may have under this Policy. If you have any questions about these rights or how to exercise them, please contact us at the address below. Please note that we may disclose your personal information for business or commercial purposes as described in this Policy.

You have the right to request that we disclose to you what personal information about you we collect, use, disclose and sell. Subject to certain limitations in the CCPA, you also have the right to request that we delete your personal information. You may submit such a request by contacting us at the address below, or by completing the form on our website for such purpose. If you submit a request by email, your email must include “California Request” in the subject line. We will not discriminate against you for exercising your rights under the CCPA.

In addition, you have the right to ask us once per year if we have shared personal information with third parties for their direct marketing purposes. Please note that we do not disclose your personal information to any third parties for their direct marketing purposes. To make a request, write to us at the address below.  Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

The CCPA also provides California consumers the right to opt out of the sale of their personal information. As explained in this Policy, we do not sell the personal information of our users.

We reserve the right to verify any request made under the CCPA by asking you to provide supporting documentation that the request is submitted by you, although we are not obligated to verify a request. You may also choose to have an agent submit a request on your behalf, in which case we may, but are not obligated to, verify that the agent is authorised to act on your behalf. We assume no responsibility for responding to any consumer requests.

You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

 

7. Cookie Usage

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the website.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our website (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website.

If you are an individual residing in the European Union (EU) or any other jurisdiction that requires us to obtain your consent to use cookies on our website, then you will have an opportunity to manage your consent preference; except that certain cookies are required to enable core site functionality, and you cannot opt-out or choose to disable those cookies.

If you want to know more about cookies, please visit http://www.allaboutcookies.org/

 

8. Security of your personal information

Cognisium is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

9. Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

If you wish us to remove personally identifiable information from our website, you may contact us at the address below.

 

10. Dealing with us Anonymously or by Pseudonym

In order for us to successfully do business with you it will not, in most circumstances, be practical for us to deal with you without you providing relevant personal information to us. However, where it is lawful and practicable to do so, you may deal with us anonymously or by using a pseudonym.

 

11. Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to the address below. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Please contact us immediately if you become aware of any unauthorised use of your account by anyone else or any other breach of security.

 

12. How to contact us

Cognisium Pty Ltd

E-mail: privacy@cognisium.com