Last Updated: April 28, 2020

1. INTRODUCTION

CogniSure, Inc. (“CogniSure,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use the CogniSure AI Platform (the “Platform”) through CogniSure’s website at https://cognisure.ai (the “Website”).

CogniSure is committed to protecting the privacy of its Users whose information is collected and stored while using CogniSure’s Platform through our Website.

The capitalized terms have the same meaning as ascribed in our Website Terms of Use unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DISAGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE THIRD PARTIES ACCESS TO YOUR PERSONAL INFORMATION, EXCEPT AS OTHERWISE PROVIDED IN THIS PRIVACY POLICY.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@COGNISURE.AI.

2. WHAT INFORMATION DO WE COLLECT?

When you register to use our Website or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, online contact information such as your email address or username, phone number, organization, and other personal information. The information so collected will be stored on our servers. Users can change their personal information via email by contacting us at privacy@cognisure.ai or through their profile or account settings on our Website or Platform. We collect the following information when you register on our Platform:

a. Account Information. When you register to use our Platform or when you create an account, we will collect your personal information.

b. Financial Information. We currently do not collect or store any credit cards or bank information. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.

3. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

a. At registration on our Website or Platform; and

b. When Users provide us with insurance-related documents, which our Platform will extract data from and then provide structured data back to the Users.

4. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

a. Present our Website and Platform and their contents to Users;

b. Notify Users about changes to our Website and Platform and any products or services;

c. Allow Users to participate in interactive features on our Website and Platform;

d. Improve the Website and Platform;

e. Improve our customer service;

f. Anonymize data and aggregate data for monitoring trends, creating benchmarks to enhance our services, and developing additional services; and

g. Send User periodic emails, by the CAN-SPAM Act of 2003 as detailed in Section 11, via the email address provided by User to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and to send information and updates about orders; and (iii) send additional information related to User’s product and/or service.

5. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.” We currently do not use Cookies on our Website. However, we will update this Privacy Policy if this changes.

6. HOW DO WE PROTECT INFORMATION WE COLLECT?

We require usernames and passwords for our employees who can access the personal information of Users that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from accessing the personal information of Users that we store and/or process on our Platform and servers.

7. DATA SECURITY MEASURES.

a. Security Measures. We have implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Platform. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Website or Platform.

b. Fair Information Practice Principles. In the event of a personal data breach, we will notify the User within 48 hours via (i) email and/or (ii) our Platform notification system on our Website. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

8. DISCLOSURE OF PERSONAL INFORMATION

Disclosure of Personal Information.

a. We do not sell, trade, rent, or otherwise transfer personal information to others unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

b. We will only disclose personal information as described in this Privacy Policy or with the written consent of the User.

Other Disclosure of Personal Information.

a. We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, and (ii) to enforce or apply our Website Terms of Use or Master Subscription and Services Agreement, as applicable, and any other agreements, including for billing and collection purposes.

9. YOUR CALIFORNIA PRIVACY RIGHTS

CogniSure does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@cognisure.ai or write us at CogniSure, Inc. 320 Winfield Rd, Suite 200, Warrenville, Illinois.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@cognisure.ai or write us at CogniSure, Inc., 320 Winfield Rd, Suite 200, Warrenville, Illinois.

10. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensuring compliance with COPPA. Our Website and Platform are not meant for use by children under the age of 13. Our Website and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices regarding COPPA compliance, please email us at privacy@cognisure.ai.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.

11. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:

a. not use false or misleading subjects or email addresses;

b. identify the email message as an advertisement in some reasonable way;

c. include the physical address of CogniSure, Inc., which is 320 Winfield Rd, Suite 200, Warrenville, Illinois;

d. Monitor third-party email marketing services for compliance, if one is used;

e. honour opt-out/unsubscribe requests quickly, and

f. give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@cognisure.ai and we will promptly remove you from all future marketing correspondences.

12. TERRITORIAL RESTRICTION

Our Website and Platform are only available for use and access outside the European Union. Our Website and Platform are not available for use or access by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not register and/or use our Website or Platform. If you are a resident of the United States of America (“US”), you must comply with our Website Terms of Use and this Privacy Policy. If you are a resident of any other country, please ensure compliance with all local laws before using our Website or Platform.

If you have any questions regarding this Section, please email us at privacy@cognisure.ai.

13. MODIFICATIONS TO OUR PRIVACY POLICY

CogniSure reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable period. Your continued use of our Website or Platform shall constitute your consent to such changes.

14. LIST OF THIRD-PARTY SERVICE PROVIDERS

CogniSure uses the following third-party service providers for the provision of services as detailed under the Website Terms of Use and Master Subscription and Services Agreement, as applicable.

Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@cognisure.ai.

15. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (under the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our Designated Copyright Agent.

● Your physical or electronic signature;

● Identification of the copyrighted work(s) that you claim to have been infringed;

● Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;

● Sufficient information to permit us to locate such material;

● Your address, telephone number, and email address;

● A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

● A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

CogniSure ’s Copyright Agent to receive DMCA Takedown Notices is CogniSure’s Operations Manager at privacy@cognisure.ai and at CogniSure, Inc. Attn: DMCA Notice, 320 Winfield Rd, Suite 200, Warrenville, Illinois. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that under 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by CogniSure in connection with the written notification and allegation of copyright infringement.

16. CONTACT US.

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

– Privacy Officer

– Email: privacy@cognisure.ai

– Address: CogniSure, Inc., 4320 Winfield Rd, Suite 200, Warrenville, Illinois

PLEASE NOTE: IF YOU USE OUR WEBSITE AND/OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS OUTLINED IN THE WEBSITE TERMS OF USE AND MASTER SUBSCRIPTION AND SERVICES AGREEMENT, AS APPLICABLE. IF YOU DISAGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR WEBSITE TERMS OF USE AND MASTER SUBSCRIPTION AND SERVICES AGREEMENT, AS APPLICABLE, PLEASE DO NOT USE OUR WEBSITE AND/OR PLATFORM.