Privacy Policy

How Cognicreate collects, uses and shares your personal data

Please take a moment to familiarize yourself with our privacy practices, accessible via the headings below, and contact us at contact@cognicreate.com if you have any questions.

What is personal data at Cognicreate

At Cognicreate, we believe strongly in fundamental privacy rights — and that those fundamental rights should not differ depending on where you live in the world. That’s why we treat any data that relates to an identified or identifiable individual or that is linked or linkable to them by Cognicreate as “personal data,” no matter where the individual lives. This means that data that directly identifies you — such as your name — is personal data, and also data that does not directly identify you, but that can reasonably be used to identify you — such as the serial number of your device — is personal data. Aggregated data is considered nonpersonal data for the purposes of this Privacy Policy.

This Privacy Policy covers how Cognicreate or a Cognicreate-affiliated (collectively, “Cognicreate”) handles personal data whether you interact with us on our websites, through Cognicreate apps (such as Cognicreate’s app myMe), or in person (including by phone or when visiting our clinic). Cognicreate’s Privacy Policy does not apply to how third parties define personal data or how they use it. We encourage you to read their privacy policies and know your privacy rights before interacting with them. 

Your privacy rights at Cognicreate

At Cognicreate, we respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data. We have provided these rights to our global customer base and if you choose to exercise these privacy rights, you have the right not to be treated in a discriminatory way nor to receive a lesser degree of service from Cognicreate. Cognicreate does not sell your data including as “sale” is defined in Nevada and California. 

To exercise your privacy rights and choices including where a third-party service provider is acting on Cognicreate’s behalf, you can make privacy rights requests at contact@cognicreate.com. 

There may be situations where we cannot grant your request — for example, if you ask us to delete your transaction data and Cognicreate is legally obligated to keep a record of that transaction to comply with law. We may also decline to grant a request where doing so would undermine our legitimate use of data for anti-fraud and security purposes, such as when you request deletion of an account that is being investigated for security concerns. Other reasons your privacy request may be denied are if it jeopardizes the privacy of others, is frivolous or vexatious, or would be extremely impractical.

Personal data Cognicreate collects from you

At Cognicreate, we believe that you can have great products and great privacy. This means that we strive to collect only the personal data that we need. The personal data Cognicreate collects depends on how you interact with Cognicreate. Descriptions of how Cognicreate handles personal data for certain individual services are available either in settings related to those features and/or at contact@cognicreate.com.

When you create a Cognicreate ID, apply for commercial credit, purchase and/or activate a product or device, download a software update, register at a Cognicreate Center, connect to our services, contact us (including by social media), participate in an online survey, or otherwise interact with Cognicreate, we may collect a variety of information, including:

• Account Information. Your Cognicreate ID and related account details, including email address, devices registered, account status, and age.
• Device Information. Data from which your device could be identified, such as device serial number, or about your device, such as browser type.
• Contact Information. Data such as name, email address, physical address, phone number, or other contact information.
• Payment Information. Data about your billing address and method of payment, such as bank details, credit, debit, or other payment card information.
• Transaction Information. Data about purchases of Cognicreate products and services or transactions facilitated by Cognicreate, including purchases on Cognicreate platforms.
• Fraud Prevention Information. Data used to help identify and prevent fraud, including a device trust score.
• Usage Data. Data about your activity on and use of our offerings, such as app launches within our services, including browsing history; search history; product interaction; crash data, performance - and other diagnostic data; and other usage data.
• Health Information. Data relating to the health status of an individual, including data related to one’s physical or mental health or condition. Personal health data also includes data that can be used to make inferences about or detect the health status of an individual. If you are a patient at Cognicreate clinic, please contact us for patient privacy policy (contact@cognicreate.com).
• Fitness Information. Details relating to your fitness and exercise information where you choose to share them.
• Financial Information. Details including salary, income, and assets information where collected, and information related to Cognicreate-branded financial offerings.
• Government ID Data. In certain jurisdictions, we may ask for a government-issued ID in limited circumstances, including when setting up a wireless account and activating your device, for the purpose of extending commercial credit, managing reservations, or as required by law.
• Other Information You Provide to Us. Details such as the content of your communications with Cognicreate, including interactions with customer support and contacts through social media channels.

You are not required to provide the personal data that we have requested. However, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to requests you may have.

Personal data Cognicreate receives from other sources

Personal data Cognicreate collects from you

Cognicreate may receive personal data about you from other individuals, from businesses or third parties acting at your direction, from our partners who work with us to provide our products and services and assist us in security and fraud prevention, and from other lawful sources.

• Individuals. Cognicreate may collect data about you from other individuals — for example, if that individual has sent you a product or gift card, invited you to participate in a Cognicreate service or forum, or shared content with you. 
• At Your Direction. You may direct other individuals or third parties to share data with Cognicreate. For example, you may direct your mobile carrier to share data about your carrier account with Cognicreate for account activation, or for your loyalty program to share information about your participation so that you can earn rewards for Cognicreate purchases. 
• Cognicreate Partners. We may also validate the information you provide — for example, when creating an Cognicreate ID, with a third party for security, and for fraud-prevention purposes.

For research and development purposes, we may use datasets such as those that contain images, voices, or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law, including law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to reidentify individuals who may appear therein.

Personal Data Cognicreate Receives from Other Sources Cognicreate may receive personal data about you from other individuals, from businesses or third parties acting at your direction, from our partners who work with us to provide our products and services and assist us in security and fraud prevention, and from other lawful sources.

Cognicreate’s Use of Personal Data

Cognicreate uses personal data to power our services, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also use personal data for other purposes with your consent.

Cognicreate uses your personal data only when we have a valid legal basis to do so. Depending on the circumstance, Cognicreate may rely on your consent or the fact that the processing is necessary to fulfill a contract with you, protect your vital interests or those of other persons, or to comply with law. We may also process your personal data where we believe it is in our or others’ legitimate interests, taking into consideration your interests, rights, and expectations. If you have questions about the legal basis, you can contact the Data Protection Officer at Cognicreate.com/legal/privacy/contact.

• Power Our Services. Cognicreate collects personal data necessary to power our services, which may include personal data collected to improve our offerings, for internal purposes such as auditing or data analysis, or for troubleshooting. For example, if you would like to access a song through an Cognicreate’a app myMe subscription, we collect data on what songs you play in order to provide you with the content requested and for royalty purposes.
• Process Your Transactions. To process transactions, Cognicreate must collect data such as your name, purchase, and payment information.
• Communicate with You. To respond to communications, reach out to you about your transactions or account, market our products and services, provide other relevant information, or request information or feedback. From time to time, we may use your personal data to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Cognicreate, you may not opt out of receiving these important notices.
• Security and Fraud Prevention. To protect individuals, employees, and Cognicreate and for loss prevention and to prevent fraud, including to protect individuals, employees, and Cognicreate for the benefit of all our users, and prescreening or scanning uploaded content for potentially illegal content, including child sexual exploitation material.
• Personal Data Used for Personalization. If you choose to personalize your services or communications where such options are available, Cognicreate will use information that we collect so that we can offer you those personalized services or communications. You can learn more about how relevant services use information to personalize your experience by reviewing the privacy information presented when you first use a service that asks to use your personal data. We make this information easy to find online at Cognicreate.com/ privacy policy.
• Comply with Law. To comply with applicable law — for example, to satisfy tax or reporting obligations, or to comply with a lawful governmental request.

Cognicreate does not use algorithms or profiling to make any decision that would significantly affect you without the opportunity for human review.

Cognicreate retains personal data only for so long as necessary to fulfill the purposes for which it was collected, including as described in this Privacy Policy or in our service-specific privacy notices, or as required by law. We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy and our service-specific privacy summaries. When assessing retention periods, we first carefully examine whether it is necessary to retain the personal data collected and, if retention is required, work to retain the personal data for the shortest possible period permissible under law.

Cognicreate’s Sharing of Personal Data

Cognicreate may share personal data with Cognicreate-affiliated companies, service providers who act on our behalf, our partners, developers, and publishers, or others at your direction. Further, Cognicreate does not share personal data with third parties for their own marketing purposes.

• Service Providers. Cognicreate may engage third parties to act as our service providers and perform certain tasks on our behalf, such as processing or storing data, including personal data, in connection with your use of our services and delivering products to customers. Cognicreate service providers are obligated to handle personal data consistent with this Privacy Policy and according to our instructions. They cannot use the 5 personal data we share for their own purposes and must delete or return the personal data once they've fulfilled our request.
• Partners. At times, Cognicreate may partner with third parties to provide services or other offerings. For example, Cognicreate payment methods like Paypal are offered by Cognicreate and our partners. Cognicreate requires its partners to protect your personal data.
• Others. Cognicreate may share personal data with others at your direction or with your consent, such as when we share information with your carrier to activate your account. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or to protect our operations or users, or in the event of a reorganization, merger, or sale.

Protection of Personal Data at Cognicreate

At Cognicreate, we believe that great privacy rests on great security. We use administrative, technical, and physical safeguards to protect your personal data, taking into account the nature of the personal data and the processing, and the threats posed. We are constantly working to improve on these safeguards to help keep your personal data secure. For more information, visit our Cognicreate Platform Security guide.

Children and Personal Data

Cognicreate understands the importance of safeguarding the personal data of children, which we consider to be an individual under the age of 13 or the equivalent age as specified by law in your jurisdiction. That is why Cognicreate has implemented additional processes and protections to help keep children's personal data safe. To access certain Cognicreate services, a child must have a child Cognicreate ID. A child Cognicreate ID may be created by the parent or, in the case of a Managed Cognicreate ID, by the child's educational institution.

• Parents. To create a child account, parents must review the Family Privacy Disclosure for Children, which describes how Cognicreate handles children's personal data. If they agree, the parent must provide Cognicreate with a verifiable parental consent.
• Educational Institutions. Educational institutions that participate in the Cognicreate School Program may also create Cognicreate IDs for students, called “Managed Cognicreate IDs.” These schools are required to agree to the Cognicreate IDs for Students Disclosure which is included as Exhibit A to the Cognicreate School Manager Agreement.

If we learn that a child's personal data was collected without appropriate authorization, it will be deleted as soon as possible.

Cookies and Other Technologies

Cognicreate’s websites, online services, interactive applications, and advertisements may use “cookies” and other technologies such as web beacons. These technologies help us to better understand user behavior including for security and fraud prevention purposes, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches.

• Communications Cookies. These cookies are used to enable network traffic to and from Cognicreate’s systems, including by helping us detect any errors.
• Strictly Necessary Cookies. These cookies are set as required to provide a specific feature or service that you have accessed or requested. For example, they allow us to display our websites in the proper format and language, to authenticate and verify your transactions.
• Other Cookies. These cookies are used to understand how visitors interact with our websites and online services, including by helping us to assess the effectiveness of advertisements and web searches. Cognicreate also uses these cookies to remember choices you make while browsing, so we can provide you with a customized experience.

If you prefer that Cognicreate not use cookies, we provide you with the means to disable their use. If you want to disable cookies and you’re using the Safari web browser, choose “Block all cookies” in Safari’s privacy settings. If you are using a different browser, check with your provider to find out how to disable cookies. Certain features of the Cognicreate website may not be available if all cookies are disabled.

In addition to cookies, Cognicreate uses other technologies that help us achieve similar objectives.

In some email messages Cognicreate sends to you, we provide a “click-through URL” that links you to content on the Cognicreate website. When you click one of these URLs, they pass through a separate server before arriving at the destination page on our website. We track this click-through to help us determine interest in particular topics and measure whether we are communicating with you effectively. If you prefer not to be tracked in this way, you should not click graphic or text links in email messages.

Cognicreate generally treats data we collect using these cookies and similar technologies as nonpersonal data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal data by local law, we also treat these identifiers as personal data in those regions. In addition, Cognicreate sometimes combines nonpersonal data collected from these technologies with other personal data Cognicreate holds. When we combine data in this way, we treat the combined data as personal data for purposes of this Privacy Policy.

Ads that are delivered by Cognicreate’s advertising platform may appear in Cognicreate News, Stocks, or in the App. If you do not want to receive ads targeted to your interests from Cognicreate's advertising platform, you can choose to disable Personalized Ads, which will opt your Cognicreate ID out of receiving such ads regardless of what device you are using. You may still see ads in the App, Cognicreate News, or Stocks based on context like your search query or the channel you are reading. If you disable Allow Apps to Request to Track, third-party apps cannot request to use the Advertising Identifier, a non-personal identifier served by the operating system on your device, to track you across apps and websites owned by other companies.

Transfer of Personal Data Between Countries

Cognicreate products and offerings connect you to the world. To make that possible, your personal data may be transferred to or accessed by entities around the world, including Cognicreate-affiliated companies, to perform processing activities such as those described in this Privacy Policy in connection with your use of our products and services. Cognicreate complies with laws on the transfer of personal data between countries to help ensure your data is protected, wherever it may be.

The Cognicreate entity that controls your personal data may differ depending on where you live. For example, retail store information is controlled by individual retail entities in each country and Cognicreate Media Services-related personal data may be controlled by various Cognicreate entities as reflected in the terms of service. If you do not reside in the U.S., your personal data may be processed by Cognicreate Llc. and other Cognicreate-affiliated companies on behalf of the Cognicreate entity controlling personal data for your jurisdiction.

Cognicreate's international transfer of personal data collected in the European Economic Area, the United Kingdom, and Switzerland is governed by Standard Contractual Clauses. Cognicreate’s international transfer of personal data collected in participating Asia-Pacific Economic Cooperation (APEC) countries abides by the APEC Cross-Border Privacy Rules (CBPR) System and Privacy Recognition for Processors (PRP) System for the transfer of personal data. If you have questions or unresolved concerns about our APEC CBPR or PRP certifications, contact our third-party dispute resolution provider.

Personal data relating to individuals in China mainland may be processed by Cognicreate in countries outside of China mainland. Where this occurs, it will be done in compliance with local laws, including the Personal Information Protection Law. As outlined in this Privacy Policy, Cognicreate may also transfer such personal data to third parties, who may in turn store or transfer the data outside of China mainland.

Our Companywide Commitment to Your Privacy

To make sure your personal data is secure, we communicate our privacy and security guidelines to Cognicreate employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have questions about Cognicreate’s Privacy Policy or privacy practices including where a third-party service provider is acting on our behalf, would like to contact our Data Protection Officer, or would like to submit a complaint, you can contact us at Contact@ognicreate.com.

You can also ask us questions about how to submit a privacy complaint and we will endeavor to help. Cognicreate takes your privacy questions seriously. A dedicated team reviews your inquiry to determine how best to respond to your question or concern, including those inquiries received in response to an access or download request. In most cases, all substantive contacts receive a response within seven days. In other cases, we may require additional information or let you know that we need more time to respond. Where your complaint indicates an improvement could be made in our handling of privacy issues, we will take steps to make such an update at the next reasonable opportunity. In the event that a privacy issue has resulted in a negative impact on you or another person, we will take steps to address that with you or that other person. If you are not satisfied with Cognicreate’s response, you may refer your complaint to the applicable regulator. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances. When there is a material change to this Privacy Policy, we’ll post a notice on this website at least a week in advance of doing so and contact you directly about the change if we have your data on file.