Perceptivity - Privacy policy

Last Updated: May 2021

Bear Cognition, INC (“Perceptivity”) respects the privacy of its user (“you”) and has developed the Privacy Policy to demonstrate its commitment to protecting your privacy.

Thank you for visiting the Perceptivity website. We are committed to protecting the information you share with us, and explaining how we collect, process, and share that information. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures, whether collected through our website, a mobile application, or otherwise (collectively, “the Site”). We encourage you to read this Privacy Policy carefully when using our services or transacting business with us. By using our website or application (our “Service”), you are accepting the practices described in this Privacy Policy.

We are the publishers of Perceptivity, an analytics platform to help you maximize the efficiency of your business. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

 

Information we collect about you:

In General – To register an account with Perceptivity, we may collect information that can identify individuals (“Personal Information”)you, such as your name and email address (“Personal Information”), information regarding your business, as well as other information that does not identify you. In order to utilize the Services, you may also choose to provide us with Personal Information relating to your customers or contacts, to be displayed through the Perceptivity platform.  This Policy describes the types of information that we may collect and how this information may be collected and used.

Information you provide:

 

In order to create an account as a User with Perceptivity, you will be asked to provide certain Personal Information, including your first and last name, your email address, street address, and phone number unique username, and a password. Once your account is created, we may collect and store any additional Personal Information you provide while using our Service or in some other manner. This may include identifying information about you or your customers, such as your mailing address, and telephone number, as well as demographic information, such as age range and gender.  For transactions on the Site, you will be asked to provide your payment card information to our third party payment processor in order to collect payment. Your payment card information will not be stored on our systems; however, we may retain the last four digits of a payment card you have used on our site for your convenience with future purchases.

Depending on how you intend to utilize the platform, you may provide us with Personal Information relating to your customers or contacts.  As the controller of that information, it is incumbent upon you to verify that you are in compliance with all applicable laws relating to the collection and/or processing of that data, including but not limited to obtaining any and all necessary consents. 

Technical Information through your Device:

This section refers to information that does not by itself identify a specific individual. The servers on which this Site is hosted gather certain information about how you access the Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include your computer’s media access control (“MAC”) address, mobile identifier, Internet Protocol (“IP”) address, operating system, and web browser type, as well as the Uniform Resource Locator ("URL") of the website that you just came from and the URL of the website you go to next.

This Site and Third Party Sites may also make use of pixel tags, temporary or “session” cookies, and similar technologies in order to enable the basic functionality of the sites, facilitate users’ access to and use of the sites, and count which pages of the sites have been visited, and help determine the effectiveness of Site content. Third-party links may appear on the sites and, if so, those third-parties may set and access cookies on your computer. Those organizations will have their own privacy policies that govern their use of any personally identifiable information.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. However, this Site may not function for you as intended without cookies.

Information collected by third-parties for advertising purposes:

We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-anonymized personal information to third parties. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org). Opting out will not decrease the number of advertisements you see.

 

How we use the information we collect:

In General – We may use information that we collect about you to:

  1. provide you with a personalized experience when viewing the Site’s content;

  2. manage your account, the Site, and provide you with customer support;

  3. perform research and analysis about your use of, or interest in, our or others’ products, services, or content;

  4. communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;

  5. develop, display, and track content and advertising tailored to your interests on our Site and other sites, including providing our advertisements to you when you visit other sites;

  6. website or mobile application analytics;

  7. verify your eligibility and deliver prizes in connection with contests and sweepstakes[1] ;

  8. enforce or exercise any rights in our Terms of Use; and

  9. perform functions or services as otherwise described to you at the time of collection.
     

We may perform these functions directly or use a third party service provider (such as a payment processor) to perform these functions on our behalf, who will be obligated to use your personal information only to provide services to us.

 

With whom we share your information:

  1. Service providers - We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, supporting our Service functionality, and supporting contests, sweepstakes, surveys, and other features offered through our Service. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.

  2. Legal Compliance - We may share information, including personal and financial information, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

  3. Fraud Prevention - We may share information, including personal and financial information, when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies.

  4. Transfer of Business, Bankruptcy, or Dissolution -  IWe may share information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

  5. Aggregated and/or Non-Personal Information – We may use and share non-personal, de-identified, pseudonymous, or aggregated information we collect under any of the above circumstances.  We may also share it with other third parties to develop and deliver targeted advertising on our Site and on websites or applications of third parties, and to analyze and report on advertising you see.  We may combine non-personal information we collect with additional non-personal information collected from other sources.  We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. 

 

Do Not Track Disclosure:

Do Not Track (“DNT”) is a privacy preference that users can set in some web browsers.  DNT is a way for users to inform websites and services that they do not want certain information about their website visits collected over time and across websites or online services.  We are committed to providing you with meaningful choices about the information we collect; however, we do not currently recognize or respond to DNT signals, as the Internet industry works toward defining exactly what DNT will mean, what it means to comply with DNT, and a common approach to responding to DNT signals.

 

Third Party Websites:

On our Site, you may be presented with links to access third-party websites that do not operate under this Privacy Policy.  For example, if you click on an advertisement on the Site, you may be taken to a website that we do not control.  These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about the activities on those websites.  We recommend that you consult the Privacy Policies of all third-party websites you visit by clicking the “Privacy” link typically located at the footer of the website you are visiting.

 

Your personal information rights:

We take reasonable steps to help ensure that the Personal Information we collect from you is accurate, complete and current. In addition to accessing your Personal Information through the app or website, you may also request access to your Personal Information, request that erroneous or inaccurate Personal Information be updated, or (in certain circumstances) request deletion of your Personal Information, by contacting us via email at privacy@bearcog.com[2]  or writing us at the mailing address listed below. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

With respect to the personally-identifiable information owned by its customers, Bear Cognition operates as a “service provider” (as the term is defined per the California Consumer Privacy Act) and a “processor” (as the term is defined by the European Union’s General Data Protection Regulation).  As such, its customers may use the tools and functionality provided by the platform to fulfill data subject requests submitted to them or obtain access to information about them.  As a service provider and processor, Bear Cognition will communicate any data subject requests relating to its customers to the appropriate party for fulfillment per its obligations as described in the applicable subscription agreement.

You also may close your account or withdraw consent to processing of your data at any time by visiting the "Settings" page for your account.  In those instances, we will retain certain information associated with your account for analytical purposes and record-keeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our service or our users, or take other actions otherwise permitted by law. We may also retain non-personal, de-identified, pseudonymous, or aggregated information, which we may use for our ordinary business purposes. In addition, if certain information has already been provided to third parties (excluding processors) as described in this Privacy Policy, retention of that information may be subject to those third parties' policies.

In some instances, we may share your personal information with third parties for direct marketing purposes.  You can opt-out of this type of data-sharing by sending us an email at privacy@bearcog.com, writing us at the mailing address listed below, or visiting the link on our website labeled “Do Not Sell My Personal Information” (www.bearcognition.com/perceptivity/donotsellmyinfo).

We will respond promptly to your requests in accordance with applicable law and will try to respond to all legitimate requests in a timely manner within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests, it may take us longer to respond, in which case . In this case, we will notify you and keep you updated. For your protection, we will need to verify your identity in order to process your requests using the Personal Information in our records, which will require us to may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We may decline to process requests where we cannot verify your identity, as well as requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a longer period for record-keeping purposes, such as retaining records relating to your purchases for warranty or accounting purposes.

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to register as a user, purchase products or services, participate in a contest, promotion, survey, or sweepstakes, ask a question, or initiate other transactions.

 

How we protect your personal information:

We take reasonable and appropriate security measures to help safeguard your Personal Information from unauthorized access and disclosure. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.  If you have reason to believe that your interaction with us is no longer secure, please notify us of the situation as soon as possible by contacting us at the addresses listed below; if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the situation, even in those situations in which it is appropriate for use to do so. Users should take care with how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure communication channels, such as email.  Please refer to the Federal Trade Commission’s website at https://www.consumer.ftc.gov/topics/online-security for information about how to protect yourself online.

 

Children's privacy:

Our Terms of Use restrict the use of our Site to individuals age 18 and above.  We do not knowingly collect, maintain, or use Personal Information from children under the age of 18.

 

Visiting our Service from outside the United States:

The website is controlled and operated from the United States and is not intended to subject Bear CognitionPerceptivity to the laws or jurisdiction of any state, country, or territory other than the United States.  Your personal information may be stored and processed in any country where we have offices or in which our third party service providers reside.  IF YOU ARE VISITING OUR SERVICE FROM OUTSIDE THE UNITED STATES, PLEASE BE AWARE THAT YOUR INFORMATION MAY BE TRANSFERRED TO, STORED, AND PROCESSED IN THE UNITED STATES WHERE OUR SERVERS ARE LOCATED AND OUR CENTRAL DATABASE IS OPERATED. BY USING OUR SERVICES, YOU UNDERSTAND AND CONSENT THAT YOUR INFORMATION MAY BE TRANSFERRED TO OUR FACILITIES AND THOSE THIRD PARTIES WITH WHOM WE SHARE IT AS DESCRIBED IN THIS PRIVACY POLICY.

By utilizing the Services, you agree to have and abide by an appropriate Privacy Policy and to comply with all applicable laws, policies, and regulations relating to the collection of information that you provide to us.

 

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Service.

 

Right to File a Complaint:

We attempt to resolve any data privacy issues brought to our attention and encourage you to contact us if you have any concerns about how your Personal Information is being collected or used.  However, if we are unable to resolve your concerns, residents of the European Union have the right to make a complaint at any time to the relevant data protection supervisory authority in the EU member state in which you reside.

 

Data Retention:

While you maintain an account with our Site, we will retain the information you provide to us in our records.  If you elect to unsubscribe or delete your account, we will remove all personally identifiable information relating to you from our records, unless otherwise permitted or required by applicable law.  However, we may retain de-identified, pseudonymized or aggregated copies of non-identifiable data sets for analytics and other business purposes.

 

Your California Privacy Rights:​

If you are a resident of California, you have the right under the California “Shine the Light” law (Cal. Civil Code § 1798.83) to request, by regular or electronic mail, a list of the categories of personal information that were shared by Bear CognitionPerceptivity with third parties for direct marketing purposes during the immediately preceding calendar year, the names and addresses of those third parties, and if the nature of their business cannot reasonably be determined from their name, examples of the products and services marketed by them. To the extent that Bear Cognition does not share personal information with third parties for direct marketing purposes, these rights do not apply.make such a request, please send an email to or write us at the mailing address listed below.

 

Changes to this Privacy Policy:

We may occasionally update this Privacy Policy.  When we post changes to the Privacy Policy, we will revise the “Last Updated” date at the top of this page.  We commend that you check our Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

 

 
How to contact us:

IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US BY EMAIL OR POSTAL MAIL AS FOLLOWS:

 

116 North West St STE 200

Raleigh, NC 27603

OR EMAIL​

legal@bearcognition.com