OVERVIEW AND SCOPE 1.1.
Last Updated: September 15, 2022
1.2. Requirements and Limitations
By leveraging Precog Services, you acknowledge that you are a “Data Controller” or authorized by the Data Controller to employ our services. You also acknowledge that you either control the destinations of personal data (defined below) or have verified that the destination is properly secured to meet any of your contractual, compliance or legal requirements. Users signing up for our services are required to be 18 years of age or older. Do not use the Website or Services if you are under 18 years old. Currently Precog’s compliance with EU General Data Protection Regulation (“GDPR”) and other similar privacy laws and regulations are in place for the Precog Express platform.
Precog acts as both a Data Controller and a Data Processor (both terms as defined by the GDPR) from the perspective of our interactions with our customers. Precog may interact with Personal data as defined by EU privacy standards as part of our interaction with our customers.
Information Precog Collects as a Controller:
Precog gathers basic contact information on our customers, such as name and email address, as necessary to support them and ensure proper billing occurs. Information is provided voluntarily and is necessary to support the customer, complete the terms of our contract with the customer, and ensure billing is completed appropriately. Information is also necessary to ensure the user can log in and interact with the platform. We also collect information you voluntarily submit as part of a job application or reseller application.
Information Precog Processes:
Precog processes data on behalf of its customers by enabling its customers to transfer data (“Customer Data”) from one repository to another. In these cases, we are functioning as a Data Processor (as defined by the GDPR) for the company purchasing our services. It is critical that the customer inform Precog of their desire to use Precog Express to process any privacy related elements that may be subject to privacy laws such as the EU GDPR or California privacy acts. As required by law, Precog will keep a record of the important elements you are paying Precog to process and transfer on your behalf.
Samples of personal data elements Processed by Precog:
- Physical Address
We also process whatever personal data you choose to provide to our Services. We may automatically process the below data elements, depending on what you choose to provide for our processing. By providing these personal data elements to us, you certify that you have the right to provide the personal data and have obtained all consents necessary to do so, or have a valid legal basis to do so. We process these data elements pursuant to our agreement with you and you acknowledge that such processing is necessary for the performance of our agreement with you.
- Government identifiers; and
- Special category data as defined under GDPR.
2. PERSONAL DATA
“Personal data,” as used in this policy, means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for any legal purpose whatsoever without notice or compensation to you.
3. COLLECTION OF INFORMATION
3.1. Passive Information Collection
When you use the Service, some information may be automatically collected, such as your IP address, browser type, system type, the content and pages that you access on the Website, “referring URL” (i.e., the page from which you navigated to the Website), the pages you navigate to on the Website, and from which you leave the Website, as well as the time you spend on the Website.
We collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). Web beacons are electronic images that we use on our Websites and Services that, when loaded, provide us with information, such as where users navigate on a Website.
In addition, to make our Website and Services more useful to you, we and certain third parties may process usage and other data when you interact with cookies and similar technologies on our Website. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
“Cookies” are small pieces of information that a website stores on your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website and Services. You may remove persistent cookies by following Internet browser help file directions. See below for your choices regarding these technologies.
We generally use usage web beacons, cookies, and similar technologies as follows:
- for “essential” or “functional” purposes, such as to enable various features of the Services like remembering passwords or staying logged in during your session; and
- for analytics purposes, consistent with our legitimate interests in how our Services are used or perform, how users engage with and navigate through the Website, what sites users visit before visiting our Website, how often they visit our Website, whether an email was received or opened, and other similar information.
We do not place advertising cookies on your browser, nor serve targeted advertisements to you.
In general, we use passively-collected information to administer, operate, and improve the Website and our other services and systems, and to provide services and content that are tailored to you. If we link or associate any information gathered through passive means with personal data, we treat the combined information as personal data under this policy. Otherwise, we use information collected by passive means in a non-personally identifiable form only. Also, please be aware that third parties may set cookies on your hard drive or use other means of passively collecting information about your use of their services or content. We do not have access to, or control over, these third-party means of passive data collection.
3.2. Collection of Voluntarily Provided Information
We may collect personal data that our users provide to us in a variety of ways through our Service. For instance, when you request information about our services or otherwise communicate with us, we collect the personal data that is provided to us. We may collect personal data such as name, e-mail address, city, state, country, other demographic information, and your interests and preferences in these manners. For customers, specific payment data is necessary to ensure proper billing occurs and that Precog can provider proper service to our customers. If you apply for a job or a reseller position with us, we will collect personal data related to your employment, education, and professional qualifications through our Website.
3.3. Information from Other Sources
We may receive information about you, including personal data, from third parties, and may combine this information with other personal data we maintain about you. If we do so, this policy governs any combined information that we keep in a personally-identifiable format.
4. USE OF PERSONAL DATA
Precog does not sell, rent, or lease your personal data. We use personal data to provide services and information that you request; to enhance, improve, operate, and maintain the Website and Services, our programs, services, website, and other systems; to prevent fraudulent use of our Website and Service; to tailor your user experience; to maintain a record of our dealings with you, and for other administrative purposes.
We may also use the personal data you provide to contact you regarding our products and services. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
5. SHARING OF PERSONAL DATA
We may share information we collect with a variety of parties, depending upon the purpose for and context in which you provided that information. We generally share data with the following types of recipients:
A. Service Providers
In connection with our general business operations and Services, to enable certain features, and in connection with our other legitimate business interests, we may share your personal pata with service providers or sub-processors who provide certain services or process data on our behalf. For example, we share your personal data with hosting providers such as MongoDB and with IT service providers like Hubspot and Google.
If you elect to receive marketing communications from us, we may share certain personal data collected from our Website with trusted third parties like Mailchimp for marketing, advertising, or similar commercial purposes.
C. Corporate Events
Your personal data may be shared if we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, personal data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
D. Legal Disclosures
In limited circumstances, we may, without notice or your consent, access and disclose your personal data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of your agreements with us, or to protect the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your personal data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your personal data to such parties.
6. CHOICES AND RIGHTS
If you receive a commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial emails from us by sending us an email or by writing to us at the address given at the end of this policy.
Precog customers, and not Precog, determine how and why personal data submitted to the Services are used, either by or at the direction of such customers. As Data Controllers, Precog’s customers are responsible for disclosing the rights of individuals (“data subjects”) with respect to their personal data and other information regarding the collection and use of that personal data, in accordance with the GDPR, CCPA, and other laws requiring such disclosures.
To the extent we act as a Data Controller, however, data subjects in the EU and United Kingdom may have certain rights regarding the processing of their personal data. You can obtain information about the applicable rights and how to exercise them from the relevant customer that is the Data Controller of your personal data.
Within the scope of our authorization to do so, Precog will work with its customers, the Data Controllers, to support them in providing their Data Subjects access to their personal data, or correction or deletion of the same, that Precog holds on behalf of its customers.
If you have further questions about the collection, retention, and use of your personal data, about your choices and rights regarding such collection, retention and use, or wish to exercise your rights under applicable law, contact us (if we are your Data Controller) or the Precog customer that is the Data Controller of your personal data (this may be your employer). We will forward any such communications to our customer, provide you with contact information for the customer, and work with the customer to address your questions and/or facilitate your choices and rights as appropriate.
If you have questions about our role as a Data Processor, you can submit your questions or request using our online form here.
7. USE AND ACCESS TO COMPANY DATA
The data sources customers connect will pass data through the Precog system. If data fails to transmit properly, the data may be accessed by Precog personnel to correct transmission errors. This will be performed only to ensure proper transfers are occurring or at the customer’s request. Access will be limited to specific personnel. Access to Customer Data will be tracked and periodically reviewed for appropriateness. The Customer Data will be properly secured and isolated logically from other customers.
Data is currently processed in the United States in the Amazon East region. As other regions and data centers become available, the customer may be able to select these other regions as part of our services.
8. HOW TO REQUEST INFORMATION OR FILE REQUESTS
For inquiries as to privacy information or requests to update information please send your email to [email protected]. Precog may not be able to fulfill all requests, but will review your requests in accordance with privacy laws and requirements and ensure you receive a proper response in legally mandated time frame.
For your convenience, the Website may contain links to other sites, products, or services that we do not own or operate. If you choose to visit or use any third-party products or services, please be aware that this policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties.
10. INTERNATIONAL DATA TRANSFERS
Precog offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our customers that operate in the European Union and the United Kingdom, and other international transfers of personal data. To request a copy of our standard data processing addendum, incorporating Model Clauses, please contact us by e-mail at [email protected].
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. We do not knowingly collect personal data from children under the age of 13 without obtaining parental consent. Use of Precog services requires a user be an adult aged 18 or older. Any data processed by Precog containing children’s information is at the behest of our customers as the primary Data Controller. Precog is only operating as a Data Processor in these instances.
Precog protects the Personal data it collects with reasonable and appropriate physical, electronic, and procedural safeguards. We use reasonable security measures that are designed to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective.
13. UPDATES TO THIS POLICY
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the beginning of the policy. Your continued use of this Service after such changes will be subject to the then-current policy. We encourage you to periodically review this policy to stay informed about how we collect, use, and disclose personal data.
14. CONTACTING US
Sep 15, 2022
Feb 28, 2020
DATA SUBJECT ACCESS REQUEST FORM
Under the General Data Protection Regulation, as a data subject, you are entitled to obtain confirmation whether or not we’re processing personal data concerning you. You also have the right to request details about the purposes, categories, and disclosure of your data. Please use this form to request information about, and access to any personal data we hold about you.