Privacy Policy - Cognassist

Cognassist is a trading arm of e-Quality Learning Limited. E-Quality Learning Limited ("We", "us" or "our") are committed to protecting and respecting your privacy.

For the purpose of the Data Protection Act 2018 (the ‘DPA’) and the European Union's General Data Protection Regulation (the ‘GDPR’), the data controller is e-Quality Learning Limited. We are a company registered in England and Wales with registration number 07401627 and our registered office is at 9 Apollo Court, Koppers Way, Monkton Business Park South, Hebburn, Tyne & Wear, England, NE31 2ES.

This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

"Personal data" means any information relating to an identified or identifiable natural person. An identifiable natural person is someone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, ID number, location data or other factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Special category data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a person's sex life or sexual orientation.

For the purposes of the GDPR, our Data Protection Officer can be contacted at dpo@cognassist.com

If you have any concerns about the way we use your information or any questions about this Privacy Policy, please let us know. We can be contacted via email at info@cognassist.com, or you can write to us at the address above.

By visiting app.cognassist.com (the ‘Website’) you accept and explicitly consent to the practices described in this Privacy Policy including the processing of your personal data under this lawful basis. If you do not consent to your personal data being processed as set out in this Privacy Policy, you will not be able to use the features that would otherwise be available to you on the Website. You may withdraw your consent at any time. Following the withdrawal of your consent, you will no longer be able to use the features of the Website. This does not affect the lawfulness of our processing undertaken before the withdrawal of your consent.

If you are a registered user of Cognassist then we will process your personal data on the lawful basis of the performance of a contract between us and you.

Our Website may, from time to time, contain links to and from the websites of other organisations. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

We may collect and process the following data about you:

information that you provide by filling in forms on our Website, speaking with our representatives or writing to us. This includes information provided at the time of registering to use our Website, subscribing to our services, providing feedback, signing forms, compliments and complaints, undertaking training sessions, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our Website;
if you contact us, we may keep a record of that correspondence;
if we contact you, we may keep a record of that correspondence;
we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
details of transactions you carry out through our Website and the fulfilment of our services to you;
details of your visits to our Website including, but not limited to, traffic data, location data, content viewed, content interacted with, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access; and
details of services received from us including dates and times of training sessions, persons involved, topics discussed communicated or trained upon, opinions thoughts and actions of our representatives.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

If you’d like to manage your use of cookies or completely turn off cookies then you can find out how to do so by using the link here. Please note that if you do limit or block cookie use on our Website the functionality of both the Website and our services will be effected.

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

We may use Google Analytics or similar, to understand general trends and traffic sources; for example, where users come from, which pages are most popular, which sites provide most traffic and how our marketing efforts impact the amount of visits we receive. You can find out more about Googles statement of privacy by reading their policy in full here.

We also use social media buttons to allow you to easily interact with us and follow our content on social media. We have integration for Facebook, Twitter, LinkedIn and YouTube and you can find out more information about how they handle your personal data by clicking the hyperlinks in their name.

By using our Website you consent to receiving the cookies referred to above.

Although we have structured our systems so that personal data of users of the Website is stored on a server in the UK, the data that we collect from you may be transferred to, and stored at, a destination outside the UK or the European Economic Area (EEA). It may also be processed by staff operating outside the UK or the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. We will ensure that any transfer of your personal data is undertaken in accordance with the DPA and the GDPR.

All of the data processors that we work with that are based outside of the EEA either conform to the EU-US Privacy Shield Framework or have entered into standard contractual clauses with us [which comply with the DPA and the GDPR in respect of international data transfers].

All of the data processors that we work with within the EEA have confirmed their GDPR compliance [and we shall enter into GDPR compliant data processing agreements with all of our data processors].

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology and all remote internet enabled training will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We use information held about you in the following ways:

to ensure that content from our Website is presented in the most effective manner for you and for your computer;
to provide you with access to the Website, and to enable you to undertake assessments on the Website;
to produce reports and analysis on your assessments completed via the Website;
to deliver learning materials for you;
to remind you of appointments by electronic means (email and SMS);
to anonymise results and analysis obtained from the assessments you undertake on the Website. Such anonymised data will be used for statistical and research purposes. Further information on the details of the personal data that will be anonymised can be found in appendix A.
to improve our service and communications, including through feedback requests that may be used for our marketing purposes;
to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
to carry out our obligations arising from any contracts entered into between you and us;
to share with your training provider, educational institution, employer or other such organisation;
to engage with our contractors who will be providing services as part of your interaction with us;
to allow you to participate in interactive features of our service, when you choose to do so; and
to notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email or telephone.

If you are an existing User (as defined in our Terms and Conditions), we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new User, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please write to us at info@cognassist.com.

We will ensure that appropriate measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

We have in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. We will only transfer personal data to a third party if that third party agrees to comply with those procedures and policies, or if they put in place adequate measures themselves.

Maintaining data security means guaranteeing the confidentiality, integrity and availability (for authorised purposes) of the personal data.

"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning a person's natural performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement.

When you use the Website to undertake assessments, we will undertake profiling of your personal data. This profiling is used for the following purposes:

To ensure there is no gender, racial or other such prejudices within our algorithms;
To provide the most accurate results to you;
To identify whether you may qualify for any benefits or personalised services;
To provide the most relevant and useful content to you; and
To identify alternative communication strategies which may benefit you and /or your organisation

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties (which may include your employer, training provider, assessment organisations, educational provider and/or support worker):

to deliver our services to you and for any of the reasons outlined in this privacy policy;
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if substantially all of the assets of either e-Quality Learning Limited or any parent company of e-Quality Learning Limited are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions of Supply and other agreements; or
to protect the rights, property, or safety of e-Quality Learning Limited or any parent or subsidiary company of e-Quality Learning Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to:

Request access to any personal data we hold about you.
Have any personal data which we hold about you which is inaccurate rectified.
Have incomplete personal data completed.
In certain circumstances you also have the right to:
1. Have the processing of your personal data restricted.
2. Have your personally identifiable information erased. Please note than in having your personally identifiable information erased you will no longer be able to access any of the services that we provide without first re-registering as a new user again.
3. Be provided with the personal data that you have supplied to us, in a portable format that can be transmitted to another data controller without hindrance.
4. Object to certain types of processing, including automated processing (which includes profiling) and processing for direct-marketing purposes.
5. Not to be subject to a decision that is based solely on automated processing which produces a legal effect or which has a similar significant effect for you.
If you wish to exercise any of the rights set out above, you must make the request in writing to dpo@cognassist.com
If you provided your consent to any of the processing of your personal data, you have the right to withdraw your consent to that processing at any time, where relevant. Please contact dpo@cognassist.com if you wish to do so.
You have the right to object, at any time:
1. to the processing of your personal data which:
  1. is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
  2. which is necessary for the purposes of the legitimate interests pursued by us or a third party, including profiling.
  If you object to the processing set out above, we must no longer process that personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or that the processing is required for the establishment, exercise or defence of legal claims.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at e-Quality Learning Limited, 9 Apollo Court, Koppers Way, Monkton Business Park South, Hebburn, South Tyneside, NE31 2ES.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Compliance Department, e-Quality Learning Limited, 9 Apollo Court, Koppers Way, Monkton Business Park South, Hebburn, South Tyneside, NE31 2ES.

Alternatively, if you have any issues with our processing of your personal data and would like to make a complaint, you can contact the Information Commissioner's Office on 0303 123 1113 or at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.