Cognitect privacy policy

last updated: August 25, 2021

PRIVACY POLICY

Cognitect, Inc. (“Cognitect,” “we,” or “us”) provides the website located at www. cognitect.com and related domains (the “Website”), the Cognitect dev-tools software, comprising Datomic dev-local and REBL ("the Software"), and information technology consulting and development services (collectively with "the Software"", the "Services"). We value and respect your privacy. This "Privacy Policy" demonstrates our commitment to your right of privacy and explains how we use, disclose and protect the Personal Information (as defined below) of users ("you," "User," or "your") of the Website and the Services.

By visiting the Website and checking the box to accept this Privacy Policy, you expressly consent to the use and disclosure of your Personal Information as described below. If you do not agree with the terms set out in this Privacy Policy, please do not visit the Website, and do not check the box to agree to the Privacy Policy.

WHAT INFORMATION DO WE COLLECT?

Personal information is data that can be used to identify or contact a single person ("Personal Information"). We generally collect or receive Personal Information in the following ways:

• when you voluntarily provide information to us, such as when you input information into our Website, request information about the Services, and/or contact us; and
• we collect information automatically through use of our Website.

Each of these methods is described in more detail below:

• Information You Voluntarily Choose to Provide
  • The Personal Information we collect from you will vary depending on the services you are using, and parts of the Website you are visiting. The Personal Information you provide to us may include your email address and any other information you submit to us through email.
  • You agree not to submit information that contain or reference, and understand and agree we have no obligations or liability with respect to: (i) information that can identify an individual in relation to any past, present, or future physical or mental health or condition, provision of health care, or payment for the provision of health care, including, but not limited to, diagnoses, treatment information, medical test results, and prescription information; and/or (ii) an individual’s race, ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, sex life or sexual orientation. Without limiting the generality of the foregoing, you acknowledge in no event will Cognitect be liable to you or any third party for any direct, indirect, incidental, lost profits, remote, cover, exemplary, consequential, special, or punitive damages, regardless of the foreseeability of such damages resulting from your submission of any such information.
• Information Collected Automatically When You Use the Website
  • Like most websites, we collect basic web traffic information (such as IP addresses) to monitor overall usage of our Website, understand Website traffic patterns and identify if there are problems on the Website.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use your Personal Information:

• to provide the Services or information you request;
• to deliver the tools you request on the Website;
• to develop, deliver, and improve our Services, user experience and other offerings;
• to communicate with you regarding your use of the Website and/or Services;
• to measure the effectiveness of our content;
• to monitor performance of the Websites;
• to protect our rights and the rights of our Website visitors;
• to protect the vital interests of the Company, you, or our other Website visitors (for example, in the event of an emergency); and
• for internal auditing purposes.

We also collect information in an aggregated form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose aggregated or otherwise non-personal information for any purpose.

HOW DO WE USE COOKIES?

We do not use cookies on the Website.

WHEN MAY A THIRD PARTY RECEIVE ACCESS TO YOUR PERSONAL INFORMATION?

Cognitect will not disclose your Personal Information to any third parties except:

• to our professional advisers, accountants, insurers, lawyers and auditors on a confidential basis;
• if Cognitect or its assets are or may be acquired by a third party, the information may be provided to that third party and its advisors;
• in exceptional circumstances, Cognitect may be required or permitted by law to disclose Personal Information, for example where such disclosure is necessary to meet any applicable law, regulation, legal process or other legal obligation; detect, investigate and help prevent security, fraud or technical issues; and/or protect the rights, property or safety of Cognitect, our employees or other users of the Website.; or
• otherwise with your consent.

Cognitect does not sell your Personal Information.

Cognitect may disclose your Personal Information to Cognitect’s parent company, affiliated legal entities, subsidiaries and any other businesses with whom we are under common corporate control (collectively the "Affiliates"). All of our Affiliates that receive your information from us will comply with the terms of this Privacy Policy with respect to their use and disclosure of such information.

HOW DOES COGNITECT KEEP YOUR INFORMATION SECURE?

Cognitect is committed to keeping your information secure. We endeavor to take all reasonable steps to keep secure any information that we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. Other than the sharing of information outlined in this Privacy Policy, personally identifiable information is not accessible by the public, and we require our employees and data processors to respect the confidentiality of any Personal Information. Any personally identifiable information on user profiles is private.

CHILDREN’S PRIVACY

We do not direct our Website or Services to children (usually considered to be under the age of 13, depending on the country where you reside). We also do not intentionally collect Personal Information from children through our Website or Services. If you are the parent or guardian of a child and you believe that we have inadvertently received Personal Information about that child, please contact us as described in the Contact Us section of this Privacy Policy and we will take reasonable steps to remove the information from our records.

GAINING ACCESS TO, UPDATING DELETING YOUR INFORMATION OR WITHDRAWING CONSENT

If at any time you want to request, update, correct or remove Personal Information, you are welcome to submit a request to support@cognitect.com. We may ask you to verify your identity before we can act on your request. If you are aware of changes or inaccuracies in your Personal Information, you should inform us of such changes so that our records may be updated or corrected.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Where consent is required for our use of your Personal Information as described herein, you have the right to withdraw or decline your consent and cease your use of the Website. If you decide to withdraw your consent, such withdrawal will not affect the lawfulness of processing based on consent before such withdrawal.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Sec. 1798.100, et seq. (also known as the California Consumer Privacy Act of 2018) ("CCPA") provides certain rights to California residents regarding their Personal Information. A California resident has the right to request that we disclose certain information, including: (1) the categories of Personal Information we have collected about that California resident, (2) the categories of sources from which the Personal Information is collected, (3) the business or commercial purpose for collecting or selling the Personal Information, (4) the categories of third parties with whom Cognitect shares Personal Information, and (5) the specific pieces of Personal Information we have collected about the resident. A California resident has the right to request that we delete his/her Personal Information. Finally, a California resident has the right not to be discriminated against for exercising his/her privacy rights under the CCPA. You can request such Personal Information and change your Personal Information by emailing us at support@cognitect.com.

Pursuant to California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Compliant Assistance Unit of the Division of Consumer Services for the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

LINKS TO OTHER WEBSITES

The Website contains links to other websites. These third-party websites have separate and independent privacy policies. The privacy policies and applicable terms of use of the third-party websites will govern your interaction with such third-party websites. We encourage you to review the privacy policy of linked sites, as Cognitect is not responsible or liable for the practices, content, and/or privacy policies of those third-party websites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these third-party websites.

DATA RETENTION

We will retain your Personal Information only for as long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations, legal requirements and the duration of your use of the Website and receipt of our services.

INTERNATIONAL USERS & USERS FROM THE EUROPEAN UNION

This section of the Privacy Policy applies only if you use the Website or services covered by this Privacy Policy from a country that is a Member State of the European Union and supplements the information in this Privacy Policy. We process information defined as personal data under applicable data protection law ("Personal Data") if provided by you and/or for the purposes set out in this Privacy Policy, as described above.

• Legal Basis for Processing Personal Data: Our legal basis to process Personal Data, such as for the purposes listed above in the “How Do We Use Your Personal Information?” section, includes processing that is:
  • necessary for the performance of the contract between you and Cognitect (for example, to provide you with the services you request);
  • necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
  • protection of the vital interests of a natural person (for example, in the event of an emergency);
  • necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Website and our services); and
  • based on your consent (for example, to communicate with you about the Website and services), which may subsequently be withdrawn at any time (by contacting us at support@cognitect.com) without affecting the lawfulness of processing based on consent before its withdrawal.
  • In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Website.
• Please be aware your Personal Data may be collected, managed, transferred to, processed, and stored or accessed in a country different other than your country of residence. In addition, we may make other disclosures of your Personal Data outside of your country of residence, for example, in the event we receive a legal or regulatory request from a foreign law enforcement body. We will always take steps designed to ensure any transfer of such information outside your country of residence is carefully managed to protect your rights and interests by implementing appropriate safeguards to protect your Personal Data. Data protection laws in any such country may be different from those laws of your country of residence. By visiting the Website and accepting this Privacy Policy, you consent to the transfer of your information, including Personal Data, to such country(ies) as set forth in this Privacy Policy.
  • From time to time, Personal Information we collect from data subjects in the European Economic Area or Switzerland (“EEA or Switzerland”) may be transferred to, stored, processed or accessed by us outside of the EEA or Switzerland, for example, the United States. We will always take steps to ensure any transfer of such information outside the EEA or Switzerland is carefully managed to protect your rights and interests by implementing appropriate safeguards to protect your Personal Data.
  • If you would like to find out more about these safeguards in respect of processing your Personal Data and the means by which you can obtain a copy of them, please contact us at support@cognitect.com.
• Your Rights: In addition to the rights to access, amend or delete your Personal Data as set out above, you may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Data, and to request portability of your own Personal Data. Requests should be submitted to support@cognitect.com.

If you consider that our processing of your Personal Data infringes applicable law, you may lodge a complaint with a competent supervisory authority, which may be the authority in your Member State of residence or work.

FUTURE REVISIONS

Cognitect’s Website and activities may continue to grow and change. Because of this, from time to time, our Privacy Policy will be reviewed and revised. You should check this page occasionally to ensure you are familiar with those changes. Whenever we change our Privacy Policy we will post an updated version on our Website, including the last date of revision. This Privacy Policy was last revised on August 25, 2021.

CONTACT US

If you have any questions about how we handle your Personal Information and protect your privacy, please feel free to contact us at support@cognitect.com or call us at 919.283.2748. You may also mail requests to:

Cognitect 101 W. Chapel Hill Street., Suite 300 Durham, NC 27701 USA