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Terms and Conditions and Privacy Policy

Terms and Conditions

Updated  August 12, 2021

THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("USER AGREEMENT") BETWEEN YOU AND KOGNITO SOLUTIONS LLC ("KOGNITO”, “WE” OR “US”). KOGNITO IS BASED IN AND OPERATES FROM THE UNITED STATES.

THIS USER AGREEMENT GOVERNS YOUR USE OF THE KOGNITO PRODUCTS AND SERVICES FOR WHICH YOU ARE REGISTERING OR THAT YOU HAVE PURCHASED OR DOWNLOADED. BY CLICKING “I AGREE,” YOU EXPRESSLY CONSENT TO THIS USER AGREEMENT.

IN ADDITION, BY AGREEING TO THIS USER AGREEMENT, YOU ALSO AGREE TO OUR PRIVACY POLICY AND THE TERMS OF USE POSTED ON OUR WEBSITES, BOTH OF WHICH ARE INCORPORATED FULLY HEREIN. ANY CHANGES TO OUR PRIVACY POLICY OR TERMS OF USE SHALL BE INCORPORATED HEREIN UPON THE POSTING OF A REVISED VERSION OF SUCH POLICIES ON OUR WEBSITES.

In this User Agreement, the products and services for which you are registering or that you have purchased or downloaded are referred to as the “Kognito Products and Services.” The Kognito Products and Services include for purposes of this User Agreement the content subject to this User Agreement, which is referred to as the “Kognito Content.” The Kognito Content includes, but is not limited to, the text, software (whether downloadable or non-downloadable), technology, user interfaces, graphics, images, video, code, sounds, music, games, videos, all audio-visual or other material appearing on or emanating from the Kognito Products and Services. The Kognito Content also includes the design and appearance of our Websites and the Kognito Products and Services, course content and accompanying information and documentation, instructional and test preparatory materials, surveys and questionnaires, videos, tutorials, testing and assessment materials and related resources and including any updates or enhancements to any of the foregoing.

The websites referenced herein includewww.kognito.com,www.kognitocampus.comand our mobile products and services (collectively, our “Websites”). The Websites, including mobile applications available for download from the Websites or third parties (such as the Apple App Store or Google Play), are included in the definition of Kognito Products and Services for purposes of this User Agreement. The use of any mobile application is expressly governed by this User Agreement if it accompanies the mobile application. In the event that the mobile application requires agreement to its own terms and conditions (“Mobile User Agreement”) and not this User Agreement, then the Mobile Terms of Use shall govern your use of such Kognito Products and Services..

YOU MUST AGREE TO THIS USER AGREEMENT BEFORE YOU MAY REGISTER A USER ACCOUNT AND USE THESE KOGNITO PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE." IF YOU DO NOT CLICK "I AGREE", YOU WILL NOT BE ABLE TO REGISTER AND MAY NOT USE THESE KOGNITO PRODUCTS OR SERVICES.

YOUR KOGNITO USER ACCOUNT

In order to register your User Account so that you may use the Kognito Products and Services, you will be required to provide certain information, establish a username and password, and may be provided with access codes and product codes by Kognito.

When registering your User Account, you agree to provide complete and accurate information to Kognito and to permit Kognito to store and use your registration data for use in maintaining your Account and for the other purposes set forth in our Privacy Policy. You agree to notify Kognito of any changes in your personal or registration information. You agree to protect your username and password, as well as any access codes and product codes provided by Kognito, and not share them with others or permit any unauthorized use of the Kognito Products or Services. If you have reason to believe that someone is using your account without your permission, you should contact Kognito immediately. Kognito will not be responsible to you or any third party for any loss or damage resulting from unauthorized use of your User Account, username, password, access codes or product codes.

By establishing a User Account, you certify and represent that any Kognito exam, test, assessment, or other interactive tool will be completed and utilized only by you, and you will not permit any other person to answer exam, test, or assessment questions under your name.

You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of Kognito Products and Services may result in invalidation of your scores and records, immediate suspension or termination of your User Account or access to Kognito Products and Services, and disciplinary action by your school, employer, or institution (referred to herein as your “Institution”) consistent with their policies. You understand that Kognito will report any suspected fraud or testing misconduct to your Institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of the Kognito Products and Services.

You agree to use Kognito Products and Services only as permitted under this User Agreement and to comply with all applicable laws in your use of the Kognito Products and Services. The Kognito Products and Services are provided solely for your personal non-commercial, private use. Except with respect to student record data that you are entitled to access under applicable law, you agree not to disclose any portion of Kognito Products and Services to any other person or entity. The Kognito Products and Services, other than the publicly available information on the Websites, contain the confidential and proprietary material of Kognito and you hereby acknowledge that unauthorized disclosure of such information would result in serious financial harm to Kognito, for which Kognito may pursue all available remedies.

INTELLECTUAL PROPERTY

You understand and agree that Kognito Products and Services (including the Kognito Content) constitute intellectual property and proprietary material that is owned by Kognito or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this User Agreement are reserved by Kognito and its licensors. Kognito trademarks, service marks, graphics, and logos used in connection with Kognito Products and Services are trademarks or registered trademarks of Kognito in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Kognito Products and Services may be the trademarks of their respective owners.

You may not use metatags or any other “hidden text” utilizing “Kognito” or any other name, trademark, service mark or product or service name of Kognito without our prior written permission. In addition, the look and feel of the Kognito Products and Services, including all page headers, custom graphics, button icons and scripts, is the property of Kognito and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kognito.

LICENSE TERMS

Subject to payment of any fees charged to you or your Institution for the Kognito Products and Services subject to this User Agreement, and subject to your acceptance of and compliance with this User Agreement, Kognito grants to you a non-exclusive, non-transferable, revocable limited license to use the Kognito Products and Services (including the Kognito Content), solely for your personal non-commercial, private use. Other than the rights granted to you in this User Agreement, Kognito grants you no other rights.

You agree not to copy, distribute (including without limitation on any other website or networked computer environment), publicly display or perform, modify, rent, lease, loan, sublicense, sell, disassemble, decompile, reverse engineer, or create any derivative works of or based on the Kognito Products and Services without our express written permission. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use Kognito Products and Services. Any use of the Kognito Products and Services in violation of the terms of this User Agreement will be regarded as an infringement of Kognito’s rights and result in the termination of your User Account and this license, and Kognito reserves the right to pursue all available remedies. Upon termination of this license, you shall discontinue all use of Kognito Products and Services and remain liable for paying all amounts that may be due and payable by you to Kognito, if any.

Kognito reserves the right to suspend, discontinue, delete, modify, or remove any Content or functionality offered in our Kognito Products and Services from time to time, without prior notice, without reason or liability, and/or to offer certain Content or functionality only in various versions or in selected times, or for a fee even if currently free.

USE OF DATA & STUDENT DATA

We recognize the importance of protecting the privacy and safety of children. Kognito’s collection, use, sharing and protection of user information relating to the Kognito Products and Services, including student data, is governed by our Privacy Policy.Please refer to ourPrivacy Policyfor more information.


COMPLIANCE WITH LAWS; EXPORT

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of Kognito Products and Services. You will not use Kognito Products and Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export all or any portion of Kognito Products and Services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Kognito Products and Services may not be exported into any U.S. embargoed countries or provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.

GOVERNMENT USE

Kognito Products and Services were developed using private funds and are "Commercial Items" as defined in 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this User Agreement. Unpublished-rights reserved under the copyright laws of the United States.

DISCLAIMER OF WARRANTIES

KOGNITO PRODUCTS AND SERVICES ARE PROVIDED BY KOGNITO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KOGNITO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KOGNITO PRODUCTS AND SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF KOGNITO PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOGNITO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOGNITO DOES NOT WARRANT THAT THE KOGNITO PRODUCTS AND SERVICES, KOGNITO’S SERVERS, OR E-MAIL SENT FROM KOGNITO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Kognito Products and Services may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of Kognito, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contradictions, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Kognito Products and Services were developed based on generally accepted education principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country. Any procedures and protocols noted in Kognito Products and Services are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. Kognito Products and Services are intended solely as a guide and for educational purposes and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation. Nor is it intended that Kognito Products and Services shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain Kognito Products and Services may include facts, views, opinions and recommendations of persons other than Kognito, which are deemed by Kognito to be of educational interest to users. Kognito and its licensors, suppliers, and partners make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third-party content or material. Similarly, statements and opinions in Kognito Products and Services are provided as guidelines only and should not be construed as official policy and Kognito and its licensors, suppliers and partners expressly disclaim any liability or responsibility for the consequences of any action taken in reliance on these statements or opinions. Kognito Products and Services are provided to you with the understanding that Kognito is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.

LIMITATION OF LIABILITY

IN NO EVENT SHALL KOGNITO OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE KOGNITO PRODUCTS AND SERVICES, WHETHER THE DAMAGES ARISE FROM USE, MISUSE, RELIANCE ON, OR INABILITY TO USE THE KOGNITO PRODUCTS AND SERVICES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY KOGNITO PRODUCTS AND SERVICES,WHETHER BASEDON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF KOGNITO WAS ADVISED OF OR OTHERWISE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE LIABILITY OF KOGNITO AND EACH OF THE AFOREMENTIONED PERSONS AND ENTITIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT ACTUALLY PAID, IF ANY, TO KOGNITO BY THE INJURED PARTY, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

In addition, Kognito will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

INDEMNIFICATION

You agree to indemnify, defend and hold Kognito and its affiliates, and their respective owners, directors, officers, employees, shareholders, and agents (collectively, the “Kognito Parties”) harmless from and against any and all third-party claims, liability, losses, costs and expenses (including legal fees) incurred by any Kognito Party as a result of or in connection with (i) any breach by you of any of the provisions of this User Agreement; (ii) any violation by you of applicable law; (iii) any violation by you of any rights of a third party; and (iv) any use or alleged use of the Kognito Products and Services by you or anyone within your control.

Kognito reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kognito’s defense of such claim. Kognito may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

You also agree to hold the Kognito Parties harmless in connection with any action taken by Kognito to protect its intellectual property, including, but not limited to, suspension or termination of your access to Kognito’s Products and Services.

APPLICABLE LAW

The laws of the State of New York, without regard to principles of conflicts of laws, will govern this Agreement and any disputes arising out of or relating to this Agreement and the Kognito Products and Services subject to this Agreement.

DISPUTE RESOLUTION

Any dispute arising out of or relating to this this Agreement and the Kognito Products and Services subject to this Agreement shall be solely adjudicated in the state or federal court located in New York County, New York. You consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail. Without limiting the foregoing, any claim that you may have in connection with this Agreement and the Kognito Products and Services subject to this Agreement must first, and before taking any other legal action, be submitted to Kognito in the form of a complaint (to:support@kognito.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, it shall be resolved in the exclusive jurisdiction and venue specified above. Notwithstanding the foregoing, Kognito may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

CLASS ACTION WAIVER

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

APPLICABLE LANGUAGE

If you are in Canada, Kognito and you confirm that it is their respective wish that this User Agreement and all other related documents be drawn up in English. (Translation in French: Kognito et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)

GENERAL TERMS

Any changes to our Privacy Policy and terms relating to the collection, use, sharing and protection of personal information about users, including users of the Kognito Products and Services subject to this User Agreement, is governed by our Privacy Policy available on Kognito’s Websites.

The terms of this User Agreement may not be modified unless such modification is in writing and consented to by an authorized representative of each party hereto.

This User Agreement is the entire and exclusive agreement between Kognito and you regarding your use of Kognito Products and Services subject to this User Agreement, and supersedes any prior agreements between you and Kognito regarding these Kognito Products and Services.

If any part of this User Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. Kognito’s failure to enforce any right under this User Agreement will not constitute a waiver of such right or of any other right under this User Agreement. All remedies provided for herein are cumulative and without prejudice to any other right or remedy that Kognito may have whether at law or equity.

Kognito reserves the right to take any actions that Kognito believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this User Agreement. You agree that Kognito has the right, without liability to you, to disclose any data and/or personal information to law enforcement authorities, government officials, and/or a third party, as Kognito believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this User Agreement (including but not limited to Kognito's right to cooperate with any legal process relating to your use of Kognito Products and/or Kognito Services, and/or a third-party claim that your use of Kognito Products or Services is unlawful and/or infringes such third party's rights).

In the event of any conflict between the terms in Kognito’s Privacy Policy or Terms of Use and this User Agreement, this User Agreement shall apply with respect to your use of the Kognito Products and Services subject to this User Agreement.

COMMUNICATION WITH KOGNITO

You may contact any of Kognito at:

Kognito
135 West 26 Street, 12 FL
New York, NY 10010
Phone: 212.675.9234
email:support@kognito.com



Privacy Policy

Updated  August 12, 2021

Welcome to Kognito. This privacy policy (“Privacy Policy”) explains how Kognito Solutions, LLC (“Kognito”, “we”, “us” and “our”) collects, uses, shares and protects personal information of users of our websites, products and services.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY VISITING OR USING OUR WEBSITE OR SERVICES (BOTH AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US AT THE ADDRESSES BELOW. IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS PRIVACY POLICY, DO NOT ACCESS OR USE OUR WEBSITES, PRODUCTS OR SERVICES.

Contents:

1. Our commitment to privacy
2. Our products and services
3. Consent to the collection, use and sharing of personal information
4. Description of our users
5. How we collect data
6. What information we collect7. How we may use your information
8. How we DO NOT use your information9. How we may share your information10. FERPA and HIPAA11. Student data12. Data security measures and disclaimer of liabilities13. Correction of your personal information
14. Cookies and tracking devices
15. Links from our Websites
16. Data retention17. Telephone Consumer Protection Act notice
18. California privacy rights
19. Applicable law
20. Dispute resolution
21. Class action waiver22. Applicable language23. Employees and contractors24. Job applicants25. Choice/opt-out and contact information
26. Feedback27. Revisions to this Privacy Policy
1.Our commitment to privacy

Kognito is committed to respecting your privacy and dedicated to protecting the personal information we collect.

Our goal in this Privacy Policy is to make clear what information we collect about you and your interactions with our websites, products and services, and what you can expect from us.

For information specific to how we treat Simulation User Data (as described below), please review Sections 6-9.

2.Our products and services

To help you better understand our Privacy Policy, this section describes our websites, products and services.

We are a health simulation company. We provide our clients – schools and school districts, institutions of higher education, government agencies, non-profit organizations and businesses – with access to professional development, student curriculum and public education simulations on topics such as mental health, substance use, chronic disease, family relations, medication adherence, and patient-provider communication. Our simulations combine the science of learning, the art of conversation, and the power of game technology to 1) engage users in role-play conversations with virtual humans, allowing them to try different approaches, get personalized feedback and gain the confidence and skills to lead similar conversations in real-life; or 2) experience an encounter with a virtual coach who can help guide the learning experience on a particular topic.

We describe and market our products and services throughwww.kognito.com, and we provide our simulations throughwww.kognitocampus.comor a custom URL for your institution. In this Privacy Policy, these, websites, including their content, and our mobile products and services, are our “Websites,” and our products and services are our “Services.”

3.Consent to the collection, use and sharing of personal information

This Privacy Policy applies to our Websites, Services and the other ways in which we interact and collect information from you as described in the “How we collect data” section below.

By visiting or using our Websites or Services, or otherwise interacting with us (such as by email, chat, posting, etc.), you consent to the collection, use and sharing of your information as described in this Privacy Policy.

In addition, when you register an account with Kognito or for any Kognito product, the Terms of Use and User Agreement provide that you consent to this Privacy Policy.

If you are located outside the United States, your provision of personal information to us through the use of the Websites, Services or otherwise constitutes your consent to the transfer of your personal information into the United States and its collection and use as provided in this Privacy Policy. Although we do not require that you provide any sensitive personal information (such as ethnicity or race, religious beliefs or medical conditions), your provision of any such sensitive information is your express consent to the collection, use and transfer of such information.

4.Description of our users

Our users are people who connect to our Services through our Websites.

Users who register for and utilize our simulation products throughwww.kognitocampus.comor a custom URL for your institution in connection with our agreements with our customer organizations are described herein as the "Simulation Users.”

All other users who are not logged in to a registered account for our simulation products are our "Visitors".

5.How we collect data

Kognito and its vendors may collect information directly from you or from a third party who is authorized by you or otherwise permitted by applicable law to share information with us (for example, your school or employer).

We collect personal information in the following ways:

  • Visit to the Websites. When you browse or request information about our Services through our Websites, these actions typically require that you provide us with contact information (name, address, phone numbers and email addresses).
  • Registration. When you create an account for our Services, register, or login to access or use functions or features, these actions typically require that you provide us with your contact information, user ID and password, and, in some cases, your employer or school, and title.
  • Make a Purchase.When you make a purchase from our online store, you provide us with your contact information (Kognito uses a third party to process credit card transactions and we do not collect, use or store credit card information).
  • Communications. When you communicate with us for support, or by email, phone, through the Websites or otherwise, you might provide us with personal information.
  • Learning Activities. When you use our simulation Services, we collect information about your grades and scores, your personal learning behaviors, and various metrics related to your learning of particular subject matters.
  • Surveys and Research. If you participate in our research studies about our products or the industries and professions we support, or our market research surveys or programs, you might provide us with contact or other personal information.
  • Forums. If you participate in our forums, blogs, intranets, chat rooms, “wikis” or other similar features, you might provide us with personal information.
  • Subscriptions. If you subscribe to one of our newsletters or request text alerts, you provide us with contact and preference information.
  • Social Media. If you interact with us on social media and networking pages and applications, such as Facebook, Instagram, LinkedIn, or post to our webpages, you might provide us with personal information.
  • Outside Sources. We might receive information about you from outside sources, including personal information provided to us by your organization, and from other sources such as our service providers.
  • Automated Sources. We collect certain information by automated means when you access or use our Websites and Services. This information may include, for example, usage details, Internet Protocol (“IP”) address, browser type, browser language, devices you use, access times, the sites linked from, pages visited, applications downloaded or accessed, links and features used, content viewed or requested, and other information collected through cookies. (To learn more, please see our “Cookies and tracking devices” section below.)
6.What information we collect

We distinguish between the information we collect from Simulation Users and data that we collect from Visitors.

From Simulation Users, we collect “Simulation User Data” provided to us throughwww.kognitocampus.comor custom URL for your institution, including:

·Registration information: your contact information (name, address, phone numbers and email addresses), user ID and password, your employer or school, and title.

·Learning Activities information: the information generated by the Simulation User when interacting with the simulation, such as the user’s responses, choices, outcomes, scores and data related to the user’s learning behaviors.

·Outside Sources information: your organization might provide us with your name in connection with you registering for our simulations.

·Automated Sources information: certain data collected through automated means, such as browser information, but we do not use Targeting cookies as part of our simulations. (To learn more about cookies, please see our “Cookies and tracking devices” section below.)

How we use, and how we limit the use and sharing of, Simulation User Data is described below.

From Visitors, we collect personal information provided to us outside of our simulation services through the channels described above (“Visitor Data”). This might include contact information, data provided to us through surveys, automated sources information, information you post through a forum, chat, on our social media, etc. or provide to us by email or other means of communication to, for example request information from us. How we use and share Visitor Data also is described below.

7.How we may use your information

We may use your personal information, either directly or through a third party, in the following ways:

  • To provide our Services to you.
  • To fulfill your requests for Services and communicate with you about those requests.
  • To set up your account and verify your identity when you register for our Services.
  • To monitor, record, analyze and report on your activity, interactions and engagement with our Services.
  • To track, analyze and report on your progress, success, results, performance, registrations, incomplete attempts, and results in connection with our Services.
  • To perform research and analysis to learn about our users’ interests, to further develop and improve our Services, and regarding the industries and professions we serve.
  • To perform benchmarking, analytics and general metrics about your performance.
  • To assess your organization’s performance as compared to other schools, organizations or Kognito customers after anonymizing and aggregating the data.
  • To analyze technical data such as cookies, content viewed, IP address, device use, site volume and load to improve our Websites and Services.
  • To verify compliance with our license terms.
  • To support and personalize our Services, Websites and advertising.
  • To inform you of new products, services or promotions we may offer.
  • To engage you on our social media platforms.
  • To protect the security and integrity of our Services, Websites, content and our business.
  • To respond to reviews, comments, or other feedback you provide us.
  • To comply with applicable legal or regulatory requirements and our policies, and protect against unlawful activity, claims and other liabilities.
  • For any other lawful purpose for which the information is provided.
We also may collect, use, process, transfer, and store any data about you in an anonymous, aggregated format.

8.How we DO NOT use your information

We collect, use, process and store Simulation User Data separately from Visitor Data in our systems.

In addition:

· We DO NOT use Simulation User Data for marketing purposes or permit such data, if shared with others (as described in the next section), to be used for marketing purposes.

· We DO NOT combine Simulation User Data with personal information about you from other sources, except for personal information about you provided to us by your organization.

· We DO NOT sell, rent, lease or otherwise provide any personal information to others for monetary or other valuable consideration.

For additional restrictions on the use of student data, please review Section 11.

9.How we may share your information

We may share your personal information with the following groups or for the following reasons:

  • Corporate Affiliates and Business Partners. We may share Visitor Data with our corporate affiliates and business partners as necessary to provide you with the Services and for their marketing or other business purposes.Our corporate affiliates and business partners are under the same obligations as Kognito to protect the confidentiality of your information and protect your privacy.
  • Your Organization.We may share your personal information, including Simulation User Data, for purposes of analysis, reporting and analytics with you, your organization (including other parties required by your organization), and your instructor(s) or supervisor(s) from your organization.
  • Research Organizations.We may share your personal information, including anonymized and aggregated Simulation User Data, with researchers or third parties in the industries or fields that we support to better understand changes and trends in such industries or fields.
  • Technical Support. We may share your personal information, including Simulation User Data, to provide technical support to you, your organization, and its instructor(s) or staff.
  • Service Providers. We may share your personal information, including Simulation User Data, with third-party service providers that may access, process or store personal data in the course of providing, for example, payment processing, database monitoring, data storage and hosting services, and customer support.
  • Fraud Prevention. We may share Visitor Data with third-party service providers to confirm your identity to ensure only authorized users are accessing our Services and for general security. We may share Simulation User Data with your organization in cases of suspected fraud, illegal activity, abuse or testing misconduct.
  • Advertising and Marketing. We may share Visitor Data with third parties for marketing, advertising, promotions, contests, or other similar purposes.
  • Mergers, Acquisitions, Divestitures. We may share, disclose or transfer your personal information, including Simulation User Data, to a buyer, investor, new affiliate, or other successor in the event Kognito, its parent companies or affiliates, or any portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets or during steps in contemplation of such activities (e.g., negotiations and due diligence).
  • Law Enforcement.We may share your personal information, including Simulation User Data, to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required by law.
  • Protection of Rights, Property or Safety.We may share your personal information, including Simulation User Data, if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud, illegal activity, abuse or testing misconduct.
  • To Fulfill Your Requests. We may share Visitor Data with third parties as necessary to fulfill a request you make to us.
  • To Enforce Our Legal Rights. We may share Visitor Data to enforce our contractual rights, including for billing and collection purposes.
  • For Other Lawful Purposes. We may share Visitor Data for other reasons permitted under applicable law.

10.FERPA and HIPAA

In addition to the privacy and data security safeguards we take with your information, we also comply with other protections for your information.

In providing our Services, we are not directly covered by the Federal Educational Rights and Privacy Act (“FERPA”) or the Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to do so by contract with an organization that provides your personal information to us, or with which we share your information, and to the extent that such personal information provided to us is subject to FERPA, HIPAA or equivalent laws or regulations for your state or country of residence, we will comply with such applicable law as required by such contract.

11.Student data

We recognize the importance of protecting the privacy and safety of children. Our Websites and Services are not intended for children under 13 years of age.

We do provide limited Services directly to schools that enter into agreements with us for their educational purposes, and which might be used by children under 13 years of age at the direction of their school. When the school, district administrator or teacher registers its students, we rely on the school’s or district’s consent as an agent of the student user's parent or legal guardian, as permitted by law. We limit the use of personal information collected pursuant to the terms of these agreements, and treat such information at least as restrictively as Simulation User Data. We do not use student data for any commercial purpose, targeted advertising, profiling, or onward disclosure.

If you are under 13 and not using the Websites and Services at the direction of your school, district administrator or teacher, do not use the Websites and Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent or verification that the provision of such information was at the direction of the child’s school, district administrator or teacher, we will delete that information. If you believe we might have any information from or about a child under 13 that was not provided to us consistent with the foregoing, please contact us.

What Information Do We Collect About Students

As part of our engagements with some schools, we collect personal information directly and automatically from students, including those who might be under 13, related to their use of our simulations throughwww.kognitocampus.com.

From all students, we directly collect the following information:

· First Name· Last Name· Email addressFor certain simulations, we may also collect the following demographic information:

· Student ID· Class Grade· Birth YearWe use this information to track a student’s progress in our courses or to reset passwords. We will not contact a student by email address for anything except the Services and the specific simulation the student participated in.

We may also collect additional demographic information from students through our post-simulation surveys including:

· Class Grade· Student Athlete· Gender· Age· RaceWe do not associate this survey information with the student’s name or other personal information, and we use it only to compile aggregated information about participants in our courses.

In addition to the information we directly collect, we automatically collect information about the student’s performance, scores, choices and activities in our simulations throughwww.kognitocampus.com. This information is used for internal purposes and by the student’s school, and is not disclosed to other entities. We also may use this information inanonymizedform for non-commercial research and analysis, to better understand how users use our simulations, and to improvewww.kognitocampus.com and our simulations.

We also collect information automatically through the use of cookies and other technologies as described in Section 14.

We use automatically collected data to support the security, integrity and internal operations ofwww.kognitocampus.comand to authenticate users of our simulations. We do not use identifiers to collect information about a student outside of www.kognitocampus.com.

How We Use Student Data

We use personal information collected from students to provide our simulation services, respond to customer service and technical support issues and requests, and to provide the information to the student’s school for its educational purposes.

How We Share Student Data

We protect and share students’ personal information at least as restrictively as Simulation User Data, as described above. We only share personal information student data with the student’s school.

Review, Deletion and Control of Student Data

Schools and parentshave a right to review the information we have collected about their students/children, and to request its deletion. Parents may ask us to stop collecting personal information from their child by emailing us atprivacy@kognito.com. In such cases, the child will not be able to take or complete our simulations. To exercise these rights, you will be required to authenticate yourself as the child’s parent. Please note that copies of information may remain in cached or archived form on our systems after you request us to delete it.


12.Data security measures and disclaimer of liabilities

Security of your personal information is of the utmost importance to us. We use administrative, technical and physical safeguards to protect the security of your personal information from unauthorized disclosure.

We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties and unauthorized employees, and review our security procedures periodically to consider appropriate new technologies and updated methods. However, no method of transmitting or storing electronic information is ever completely secure. Therefore, despite our efforts, we cannot guarantee the security of your personal information during its transmission or its storage in our systems. Accordingly, we make no warranty, express, implied, or otherwise, that your information will never be accessed, used or released in a manner that is inconsistent with this Privacy Policy. We are not responsible for any damages or liabilities relating to any security incidents, and we disclaim all representations and warranties regarding such matters to the fullest extent permitted by law. Where required under law, we will notify you of any loss, misuse or alteration of personal information so that you can take appropriate actions.

If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect the transmission of your information.

13.Correction of your personal information

Accuracy is a top priority for us and you have the ability to correct, update or delete certain of your information.

You can ensure that any contact data is current and accurate either by logging into your account to review and maintain your information or by contacting customer service.

In other situations, depending on the type of information, you may need assistance from customer service in making a change. To protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.

We will attempt to answer all requests that we correct the data if it is inaccurate, or delete it as long as we are not required to retain it by law or for legitimate business purposes. We will respond to your request to make changes to your records as soon as reasonably possible.

However, not all of your personal information can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it cannot be changed. Similarly, learning data, completion status and other data kept in Kognito systems may not be changed by you, although you should contact us if you believe such data is not accurate.

14.Cookies and other tracking devices

When you visit our Websites, you are offered an opportunity to accept our placement of cookies. Although you are not required to accept cookies from us, if you block or reject them, you may not have access to all of the features available through our Websites or Services, such as tests, trainings or other activities.

We may use cookies and similar technologies to operate and improve our Services, as well as to simplify our interactions with you.

A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and preferences, and recognize you as a return visitor to the websites. In addition, we may use log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash, or other similar technologies to collect information about the ways you interact with and use our Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes as described above.

We may use the following types of cookies:

  • Strictly necessary cookiesrequired for the operation of our Websites and Services. They include, for example, cookies that enable you to log into secure areas.
  • Analytical/performance cookiesthat collect information about how you use our Websites and Services. They allow us to recognize and count the number of visitors and to see how visitors move around our Websites. This helps us to improve the way our Websites work. These cookies are sometimes placed by third party providers of web traffic analysis services, such as Google Analytics. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout
  • Functionality cookiesthat remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookiesthat collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our Websites more relevant to your interests, and, where utilized, make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, such as, for example, advertisers.We do not use Targeting cookies as part of our simulation services.
Most internet browsers accept cookies by default. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies, or to alert you to when a cookie is placed on your computer, tablet or mobile device. For more information, visit the help page for your web browser, orhttp://www.allaboutcookies.org orwww.youronlinechoices.com which have further information about behavioral advertising and online privacy.

We may use third-party advertisers to serve or track advertisements on our Websites or relating to the Services. These third parties may use cookies and other tracking and analytical technologies to, for example, record which ads your browser has loaded and which pages you were viewing when ads were delivered or accessed. Information collected by third parties is subject to the privacy policies of those third parties.We recommend that you carefully read their policies.

Cross Device Tracking

When you use your mobile device to interact with us, we may receive information about your mobile device, including a unique identifier for your device. We, and our service providers, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

We do not acknowledge browser “do-not-track” indicators.

15.Links from our Websites

Our Websites or Services may contain links to third-party websites, platforms, products, services or applications that are independent of Kognito. We provide such links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Kognito of any site or any information contained therein.

When you leave our Websites, Kognito’s policies will no longer govern your Internet browser session. It is your sole responsibility to review the applicable policies of other websites as the information collection practices and privacy policies of those websites will govern and may differ from ours.We recommend that you carefully read their policies.

16.Data retention

To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, as long as is reasonably necessary to provide you with our Services, as needed for other lawful purposes, or as required by applicable law. We may retain cached or archived copies of your information. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

17.Telephone Consumer Protection Act notice

By providing us with your telephone number, including cellular or mobile device number, as part of your account or in registering for any of our Services, you expressly agree that we may use your information to make non-advertising and non-telemarketing business, informational and collections calls to you. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system.

In addition, you agree that we may send service- or account-related text messages to cellular phone numbers you provide to us, and you agree to accept and pay all carrier message and data rates that apply to such text messages.

If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to our Services at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.

18.California privacy rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) and California’s “Shine the Light” law (Civil Code Section § 1798.83) may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit ourPrivacy Notice for California Residents. This Notice supplements and is incorporated in this Privacy Policy.

19.Applicable law

The laws of the State of New York, without regard to principles of conflicts of laws, will govern this Privacy Policy and any disputes arising out of or relating to this Privacy Policy, the Websites or Services.

20.Dispute resolution

Any dispute arising out of or relating to this Privacy Policy, the Websites or Services shall be solely adjudicated in the state or federal court located in New York County, New York. You consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail. Without limiting the foregoing, any claim that you may have in connection with this Privacy Policy, the Websites or Services must first, and before taking any other legal action, be submitted to Kognito in the form of a complaint (to:support@kognito.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, it shall be resolved in the exclusive jurisdiction and venue as specified above. Notwithstanding the foregoing, Kognito may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

21.Class action waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22.Applicable language

If you are in Canada, Kognito and you confirm that it is their respective wish that this Privacy Policy and all other related documents be drawn up in English. (Translation in French: Kognito et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)

23.Employees and contractors

If you are an employee or contractor of Kognito or its corporate affiliates, please contact the Human Resources Department for our privacy policy for employees and contractors. This Privacy Policy is separate from our internal privacy policy for employees and contractors.

24.Job applicants

In connection with a job application or inquiry, you may provide us with data about yourself, such as your educational background, résumé and other information, and including your ethnicity where required or permitted by law. We may share this information with our corporate affiliates for the purpose of employment consideration. We also may keep the information for future consideration unless you direct us not to do so.

25.Choice/opt-out and contact information

For Visitors only, we may send you mail or e-mails to inform you of new products, services and special offers. If you would prefer not to receive these communications, you may opt-out by clicking on the Unsubscribe link in our emails or by notifying us at:

  • Email us:support@kognito.com
  • Call us:212-675-9234
  • Mail us:135 West 26th Street, Floor 12, New York, NY 10001, USA
We will honor all opt-out requests.

26.Feedback

Please contact us with any questions, concerns or inquiries about this Privacy Policy or data about you that we maintain at:

  • Email us:privacy@kognito.com
  • Call us:212-675-9234
  • Mail us:135 West 26th Street, Floor 12, New York, NY 10001, USA
All feedback will be evaluated and a reply will be sent as soon as appropriate. In some instances, we may cease providing Services to you if, in our sole discretion, we deem it necessary to satisfy your request or if required under applicable law.

27.Revisions to this Privacy Policy

We may modify this Privacy Policy from time-to-time by posting a revised version on our Websites. If we make material changes to our Privacy Policy, we will seek to provide you notice through our Services or by other means. You can see when the Privacy Policy has changed from the date of the latest revision above. By continuing to use our Websites or Services after we publish or send a notice about our changes to these terms, you consent to the updated terms following their "effective date." If you object to any changes, you must stop using or accessing the Websites or Services. We will not retroactively change our Privacy Policy. Please review this Privacy Policy frequently for updates.