Effective date 23/01/2025 - Version 1.5

Intro

​​The goal of this document is to provide anyone who comes in contact with Kognic with an understanding of how we manage personal data. There are many different circumstances when we may collect personal information but as long as you have not “Opted in” we have not collected any information that can identify you.

Since we interface with customers, users, suppliers, applicants and website visitors among others there are a number of different purposes and types of personal data that we might ask to collect from you. Below you can read more about what we collect, how we process data and all your rights with regard to your personal data.

If you want to come in contact with us at Kognic AB our HQ is located at: Lindholmspiren 7, 4117 56, Göteborg you can reach us at legal@kognic.com

Our Data Protection Officer (DPO) is:
Name: Anton Svensson
Mail: privacy@kognic.com

Definitions

The language of GDPR and online privacy might be formal and hard to interpret, the definitions below will provide you with help to understand what we are trying to convey.

• Personal data means any information which directly or indirectly relates to a living, identifiable person.  This is a broad concept and includes names, email addresses, IP phone-number, and any other information or a combination of information which, if put together, means that the person can be identified.
• Processing covers all activities relating to the use of Personal data by an organization, collection, storage, analysis, removal and everything in between.
• Data subject is the person whose Personal data is being processed.
• Data controller is the organization that is responsible for processing data and that Personal data is processed in accordance with the law.

Principles for processing Personal data

Data privacy regulation is based on principles. Kognic appreciates and applies these principles and takes our duty to protect your personal data very seriously.

• Lawfulness, fairness, and transparency:
  We obey the laws, we only process personal data in a way that you would reasonably expect, and we’re always open about our data protection practices.
• Purpose limitation:
  We only process personal data for the specific reason we collected it and nothing else.
• Data minimization:
  We don't process any more data than needed.
• Accuracy:
  We make sure that any personal data we hold is adequate and accurate.
• Storage limitation:
  We don't store personal data for longer than we need to.
• Integrity and confidentiality:
  We always process personal data securely.

Legal basis

We collect personal data based on various legal basis that are explained in the specific Notices you see. We always aim for creating all notices specific, unambiguous and easy to understand. We continually provide you with the relevant notice and adhere to them.

Web visitors and external applications and requests for information: Legitimate interest. Platform user: Agreement. Platform data: Sub-processing as per agreement with customers. Kognic employee data: Agreement and Legitimate interest (depending on data).

You always have the right to withdraw or opt-out at any time.

The Kognic platform is a tool to process data on behalf of our clients, the data entered into the platform to be annotated or analyzed is controlled solely by the client and might contain Personal Data. We have taken contractual and technical precautions to ensure that all data managed through the platform is done so through the highest standards of privacy and security. We require and use EU model clauses, Transfer Impact Assessments and Data Processing Agreements to make business with us to ensure privacy.

Our different privacy notices

We process a lot of different personal data, and how that impacts you is dependent on how you interact with us. The categories are platform users, externals (customers, suppliers, external applicants etc) , employees, and website visitors. We manage this through different Privacy notices and consent forms dependent on the usage. 

Website visitor

If you have visited our website kognic.com and accepted the cookies we will have some personal information about you, this includes demographic information, information about your device and browser, what pages you visited as well as how you found us. These are the general information that cannot identify you as an individual and are dependent on the cookies accepted. We collect this information to enable our site to work properly, to be able to analyze the visitor flow, enable functionality for a better experience as well as for marketing purposes. For more information see our cookie policy here.

Customers and suppliers other external individuals

If you are a customer, supplier, or an external individual who has come into contact with us, we have collected your contact information (name, email address, phone number) if you have provided us with it. This is to be able to contact you, we do not sell or transfer your information to third parties, however, we put it into our CRM system Hubspot to keep track of the sales process. The information will be stored for 36 months.

If you have applied for a position through Teamtailor, we will keep the CV and work history information if a suitable position will be available. If not, you can always remove the information and if you forget, Teamtailor will remind you within 3 months.

Platform user

We process personal data from our users to make the Platform as efficient and user-friendly as possible. We collect and analyze the performance of users, to help you increase the speed and quality of annotations and for the Quality managers to increase productivity. This includes identity (mail/user ID), organization, IP address, time-stamps, user behaviour; speed of annotating object/shape and tasks, completed tasks as well as device and browser information. 

The collection of user data is essential for the development of the platform and enables us to deliver quality, analytics, insights and in the end safe perception. We do not share the data with any third party except the specific customer that the user works with and our quality team. We use trusted and secure software applications to make this happen.

Retention of Personal data

We take the principle of storage limitation seriously and only retain personal data in the shortest possible time for the intended use or as required by applicable laws and regulations. In general, we adhere to the following retention timelines, unless a longer retention period is mandated by a specific jurisdiction:

• Personal information for contact purposes 24 months after the last correspondence.
• Platform user Personal Information for 36 months.
• External individuals who have provided us with information for 36 months.
• External applications 3 months.

We de-anonymize as much personal information as possible as soon as possible. We have some detailed guidelines and automated processes that can be further studied in detail here.

Who we share Personal data with

As default we don’t share personal data with anyone, however there are circumstances when we need to, these circumstances can be read in the specific consent but here is a re-cap.

• Platform user behavior and performance information is shared with the customer of the projects as well as a Quality management team.

International transfers of personal data

We use carefully selected companies (BPOs) that process our customer’s data through the platform. The customer is solely responsible for the data and the BPOs are located in different places in the world (India, Philippines). We have taken all necessary precautions to ensure privacy for all. We perform all procedures and make sure that the BPOs meet the standards of the applicable laws and regulations, this is mainly done by:

• Data processing agreements with EU model clauses.
• Transfer Impact Assessments.
• We ensure adherence and compliance with EU GDPR.
• Require the highest level of IT security from our BPOs.
• We use the highest level of IT and data transfer technology.

Data rights

We believe and adhere to Data rights developed through the EU GDPR, we have built processes and structures to enable you to exercise your rights:

• The right to be informed.
• The right of access.
• The right to rectification.
• The right to erasure (known as "the right to be forgotten").
• The right to restrict processing.
• The right to data portability.
• The right to object.
• Rights in relation to automated decision-making.

To exercise your right you just contact us and we will accommodate, there are no specific formal requirements, send an email to; privacy@kognic.com with your request.

If you have any concerns or complaints about how we manage personal data, the Swedish Authority for Privacy Protection is the overseeing government agency, you can contact them here 

Data breach notification

In the event of a data breach, we will notify the relevant authorities within 72 hours and inform affected users of the risks, measures taken, and any steps to mitigate further harm.

Information for California Consumers

This section provides additional information applicable to California users, and it describes how we collect, use and share the Personal Information of California users in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA. Under the CCPA, Personal Information is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

Collect, Use, and Share Your Personal Information

Kognic collects the following statutory categories (as defined by CCPA) of Personal Information directly from you or automatically from your device:

• Identifiers, such as your name, email address, phone number, company name and role, device identifier, IP address, unique browser ID, cookies, beacons, pixel tags, account login, and other unique identifiers,
• Professional or employment-related information, such as information about your business and your role,
• Inference data, such as information about your preferences;
• Commercial information, such as your service subscription records, and site engagement, Internet or network information, such as platform usage and website browsing and history,
• Financial information with regard to billing,
• Geolocation data, such as city, state, and country based on IP address.

The business and commercial purposes for which Kognic collects this information, and categories of third parties to whom we “disclose” the information are described in the intro and notice sections above in this Privacy Policy.

California Privacy Rights

California law grants California residents consumers certain rights and imposes restrictions on particular business practices as set forth below.

• You may request access to, or for a copy of the personal information Kognic has collected, used, disclosed and disclosed about you over the past twelve (12) months.
• You may request for us to disclose the purposes for which Kognic use the personal information collected.
• You may request the categories of sources from which Kognic have collected your personal information.
• You may request that Kognic delete certain personal information collected from you.
• You have a right not to receive discriminatory treatment for the exercise of your CCPA privacy rights.
• California consumers have the right to opt-out of the sale of their personal information. Kognic does not and will not sell your personal information. Kognic may provide third parties with certain personal information to provide or improve our products and services, for example to deliver products or services at your request. In such cases, Kognic requires those third parties to handle the information in accordance with applicable laws and regulations.

The business and commercial purposes for which Kognic collects this information, and categories of third parties to whom we “disclose” the information are described in the intro and notice sections above in this Privacy Policy.

Exercise Your California Privacy Rights

If you are a California consumer seeking to exercise your CCPA rights, or if you are an authorized agent wishing to exercise CCPA rights on behalf of someone else, please e-mail us at privacy@kognic.com. We will respond to verifiable requests received as required by law.

Please note that to protect your personal information, Kognic will verify your identity by a method appropriate to the type of request you are making. Kognic may also request that your authorized agent has written permission from you to make requests on your behalf, and may also need to verify your authorized agent’s identity to protect your personal information.

California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@kognic.com

If you have questions about your rights under CCPA, please send us an email to privacy@kognic.com.

Information For APAC Users

This section provides additional information applicable if you are located in the Asia-Pacific (APAC) region. It provides additional information about how we process your personal data in accordance with applicable laws, including the Personal Information Protection Law (PIPL) in China, the Digital Personal Data Protection Act (DPDP Act, 2023) in India, the Data Privacy Act (DPA) in the Philippines, and the Protection of Personal Information (APPI) in Japan.

How we use your personal information

We process your personal information as described in the section above “Our Different Privacy Notices” depending on how you interact with us. In all cases, we adhere to applicable laws and ensure that your personal data i processed lawfully, fairly and transparently.

For international data transfers, collection and use of sensitive personal data and use of your data for direct marketing purposes we will obtain your consent as required by law. 

To comply with local regulations, we ensure that your sensitive personal information is stored locally within your home jurisdiction before any international transfers occur, as required by applicable law. 

If you are a Chinese user Kognic does not share your personal information with foreign law enforcement or regulatory bodies unless approved by Chinese authorities as required under PIPL.

International Transfers

Personal data may be transferred outside your home jurisdiction, including to countries such as the European Economic Area (EEA). When transferring data internationally, we implement safeguards such as Standard Contractual Clauses (SCCs), Security Assessments, third-party certification or other corresponding legal mechanisms to ensure your personal data is protected in accordance with applicable privacy laws and regulations.

If you are a user located in China, your personal data will not be transferred to foreign law enforcement or for a judicial proceeding without an approval of Chinese authorities.

Your APAC Privacy Rights

• Right of access
• Right to rectify your personal information
• Right to request deletion of your personal information
• Right to withdraw your consent
• Right to obtain a copy of your personal data
• Right to data portability
• Right to object to processing
• Right to not be subject to automated decision-making
• Right to file a complaint with your local data protection authority
• Right to compensation for damages for unlawful processing (Specific for Philippines)
• Right to transparency about processing activities (specific for China)

To exercise your right you just contact us and we will accommodate, there are no specific formal requirements, send an email to; privacy@kognic.com with your request.

If you have any concerns or complaints about how Kognic handles your personal information, you may contact the relevant data protection authority in your jurisdiction. 

Changes to our policy

We will continuously review and when necessary update this General privacy policy to reflect the feedback we receive, legal changes or changes to the platform and our services. When we change we will edit the “Effective Date” at the top and the version number.

If there are any changes in our different Data Privacy notices regarding how and what data we process you will get notified with a new Notice, we will not start to process your data in a new way until you know about it.

We encourage you to from time to time review this policy to understand how we process your information.

Effective date 11/12/2024 - Version 1.5

Goal

The primary objective of the Kognic Information Security Policy is to fortify the company's digital assets and core business - our digital platforms and annotation services. Through this policy, we aim to ensure the utmost confidentiality, integrity, and availability of Kognic's assets. Our focus is to shield against unauthorized access, alterations, and destruction, so we may safeguard the trust our customers place in us.

Vision

Our vision for information security at Kognic extends beyond mere compliance. We aspire to cultivate a culture where security isn't a barrier but a catalyst for innovation and trust. By embedding robust security practices within every facet of our operations, we aim to foster an environment where:

• Innovation flourishes: Security isn't a limitation but a bedrock that nurtures innovation. It enables our teams to push boundaries and confidently explore new frontiers in the digital landscape.
• Trust is paramount: We uphold an unyielding commitment to our customers' trust, without this, we will not be successful.
• Resilience prevails: In the face of evolving threats, our resilience stands firm. We proactively adapt, fortify, and innovate our security posture, staying ahead of potential risks.
• Empowerment reigns: Every individual at Kognic is empowered with the knowledge, tools, and responsibility to champion security. It's not just a task for a few but a collective endeavor woven into the fabric of our company culture.

Through this policy, we aim to align our security practices with industry-leading standards, ensuring that our information security framework not only meets regulatory requirements but surpasses them. It's a strategic investment in the long-term sustainability and growth of Kognic, fostering a secure environment where our digital innovations thrive and customer confidence remains unwavering.

If you want to contact with us at Kognic AB our HQ is located at: Lindholmspiren 7, 4117 56, Göteborg

To reach our Chief Information Security Officer (CISO), please email: security@kognic.com

Changes to our policy

We will continuously review and when necessary update this Security Policy to reflect the feedback we receive, legal changes or changes to the platform and our services. When we change we will edit the “Effective Date” at the top and the version number.

Introduction

At Kognic, we are committed to conducting our business with the highest standards of integrity, responsibility, and ethics. This Code of Conduct outlines our dedication to ethical sourcing, fair labor practices, and sustainability, ensuring we create long-term value for all stakeholders. 

We believe that responsible business practices drive efficiency, innovation, and strong relationships. Kognic expects all Business Partners, including suppliers, contractors, consultants, and their employees that Kognic does business with, to uphold these principles. Our standards are founded on internationally recognized principles, including the UN Universal Declaration of Human Rights, the UN Global Compact Principles, the ILO Fundamental Conventions, and the UN Convention on the Rights of the Child.

Principles

This Code of Conduct establishes clear expectations for ethical conduct, legal compliance, and environmental and social responsibility. Kognic and its Business Partners must ensure adherence within their own operations and supply chains. Commitment to these principles is essential to our collaboration and a foundation for a responsible, transparent, and sustainable business relationship.

Kognic recognizes that fair wages, reasonable working hours, and safe workplaces are essential to ensure compliance as well as supporting a stable and productive workforce. A well-trained and motivated workforce reduces inefficiencies such as high turnover, errors, and rework, aligning with efficiency's focus on eliminating waste and optimizing value creation.

A responsible supply chain is built on transparency, ethical sourcing, and respect for fundamental labor rights. Kognic and its Business Partners must ensure their operations prevent forced labor, child labor, and discrimination and uphold freedom of association. A diverse and inclusive workforce fosters collaboration, innovation, and efficiency, driving continuous improvement and sustainable business growth.

Kognic values sustainability as a core business principle and we expect our Business Partners to do the same by minimizing waste, managing resources responsibly, and reducing environmental impact. Sustainable operations contribute to long-term success by eliminating inefficiencies, reducing costs, and maintaining high-quality production without compromising ethical standards.

To achieve these commitments, we emphasize the following principles:

• Right First Time: Ensuring proper training to reduce errors.
• Fair Workload Distribution: Preventing overburden and ensuring sustainable productivity.
• Respect for People: Maintaining safe and inclusive workplaces.
• Ethical Technology Use: Leveraging monitoring responsibly to enhance efficiency without compromising workers' rights.

Kognic actively upholds these standards throughout our supply chain and expects our Business Partners to demonstrate their equal commitment through open communication, ethical practices, and continuous improvement. 

Business Integrity and Compliance

At Kognic, we are committed to conducting ethical business practices and expect the same from our Business Partners, including upholding fair competition, transparency, and integrity in all aspects of their operations and ensure compliance with relevant laws and regulations.

Fair Competition and Antitrust

Ensure fair competition by acting fair and responsibly and comply with all applicable antitrust laws and regulations, including prohibiting any discussions or agreements that could lead to anti-competitive behavior and requiring all business decisions to be made independently and based on fair market practices.

Anti-Corruption and Anti-Bribery

Maintain a zero-tolerance policy for bribery and corruption. We prohibit offerings, gifts and acceptance of any improper payment or benefit intended to influence a business decision. All business operations must be conducted with integrity, ensuring compliance with international anti-corruption standards.

Anti-Money Laundering

Ensure compliance with all applicable anti-money laundering laws and regulations, and only engage with reputable partners involved in legitimate business activities. Financial transactions must remain transparent, properly documented, and aligned with legal requirements.

Trade Compliance and Export Control

Adhere to all applicable export controls and economic sanctions laws and regulations. Maintain proper documentation and implement necessary controls for all international business activities to ensure full compliance.

Conflicts of Interest

Prevent conflicts of interest by identifying, disclosing, and addressing any situations that may compromise professional judgment or business integrity. All business decisions must be made ethically, transparently, and in accordance with contractual obligations.

Fair Marketing and Advertising

Commit to honest and transparent marketing practices that accurately represent your services and capabilities. All marketing materials and communications must be truthful and verifiable, and respectful of all parties’ integrity and reputation.

Data Privacy and Security Standards

Uphold data privacy and IT security by protecting business and personal information in compliance with GDPR and applicable local legislation, IT security standards, and other applicable privacy and security regulations. Implement robust security measures and process personal data only for agreed purposes. 

Confidentiality and Intellectual Property Protection

During a business relationship, confidential information, trade secrets, and/or intellectual property elements may be shared. Confidential information includes, but is not limited to, proprietary data, business plans, technical information, and customer data. Protect confidential information and intellectual property with the highest level of security and care. Actively prevent unauthorized use or disclosure of any sensitive information, ensuring strict protection at all times.

Subcontractor & Supply Chain Management

Kognic is committed to ethical sourcing, fair labor practices, and sustainability across our supply chain and we expect our Business Partners to uphold these standards by ensuring responsible operations, transparent sourcing, and compliance with human rights and environmental regulations.

Ethical Technology Use

Ensure technology is used ethically, protecting all workers' privacy and complying with all relevant data protection laws. Efficiency-enhancing technology should support efficiency processes, but never at the cost of workers’ rights. Ethical technology use prevents disruptions from legal and social consequences.

Transparency in Supply Chain Practices

Respect these sourcing principles and actively work toward our standards. Transparency and honest communication are required. Through cooperation, achieve sustainable solutions while supporting those who uphold our standards. 

Certification and Compliance requirements

Maintain certification according to ISO 9001 and implement measures compliant with ISO 27001 or an equivalent standard, such as TISAX Level 3.

Use of security forces
Ensure that any use of Security forces does not lead to any violation of human rights or other unlawful control of land, transportation routes, and supply chain actors

Workplace Conditions and Human Rights

Kognic is committed to fostering fair and respectful working conditions that uphold fundamental human rights. We expect our Business Partners to share these values and actively uphold our standards in their operations.

Prevention of Forced Labor and Child Labor

Strictly prohibit forced labor, modern slavery, servitude, compulsory labor, human trafficking, and child labor across our supply chain. Suppliers must comply with the minimum employment age in their business activities and their supply chain to protect young workers. We protect internationally recognized human rights and follow ILO fundamental conventions; 29 on Forced labor, 105 on Abolition of Forced labor, 138 on Minimum Age, and 182 on Worst Forms of Child labor.

Fair Working Conditions

Guarantee compliance with all relevant labor laws and the promotion of ethical conduct in all sourcing activities and enforce the right to fair labor conditions in accordance with applicable ILO conventions. Workers must receive sufficient onboarding to understand requirements and have access to the necessary tools and resources. Promote continuous improvement and ensure that increased targets are aligned with their capacity and well-being. Clear, achievable targets must be set and expectations adjusted incrementally as they develop skills and experience. 

Fair Wages

Ensure fair wages, with workers earning a living wage independent of performance-based bonuses. Compensation must include all work activities (including annotation, onboarding, corrections, meetings, questions, and other tasks necessary to complete their work). Workers deserve predictable earnings and payment schedules (regular fortnightly or monthly intervals, as per legislation) for effective financial planning. Adhere to ILO Convention 100 on Equal Remuneration, 26 on Minimum Wage-Fixing Machinery, and 131 on Minimum Wage-Fixing Convention

Freedom of Association

Respect the right of employees to freely start, organize, or join unions and work democratically for better conditions. Adhere to ILO fundamental conventions; 87 on Freedom of Association and Protection of the Right to Organise, and 98 on the Right to Organise and Collective Bargaining. Workers' representatives shall not be the subject of discrimination and shall have access to all workplaces necessary to carry out their representation functions. (ILO Convention 135 and Recommendation 143).

Equal Opportunity & Non-Discrimination

Ensure equal employment practices, including hiring, promotion, training, termination, retirement, and compensation, are free from discrimination based on race, color, sex, religion, political affiliation, union membership, deficiencies, handicaps, national extraction, or social origin, in accordance with ILO Convention No. 11. Additionally, business partners are encouraged to collaborate with diverse suppliers, particularly those owned or managed by minority groups and women.

Fair working hours and overtime management 

Ensure working hours comply with local labor laws and international standards by limiting excessive overtime and providing sufficient rest periods to avoid burnout. Workers should never regularly be asked to work more than 5 days per week, nor exceed 9 hours per day. Overtime is voluntary and compensated at a higher rate during exceptional circumstances only, as per ILO Convention 1. Maintain fair and realistic expectations for our employees' active working hours, recognizing that continuous platform work without breaks diminishes performance and well-being. Our utilization targets account for necessary rest, collaboration, creative problem-solving time, meetings, and review of annotation guidelines.

Health and Safety

Comply with local health & safety regulations to protect workers across all jurisdictions. Adhere to internationally recognized health and safety standards, such as the ILO Occupational Safety and Health Convention (155).

Grievance Channel and Whistleblower

Maintain a respectful and safe work environment, free from harassment, abuse, or intimidation. Establish secure and confidential channels for reporting concerns or violations, ensuring employees can raise issues without fear of retaliation. Investigate all reports thoroughly and professionally. To uphold these standards, it is a requirement to provide anonymous reporting mechanisms, in addition to Kognic’s whistleblower function. 

Caring for the Environment

At Kognic, we are committed to environmental sustainability and expect the same from our Business Partners, ensuring proactive impact reduction, responsible resource management, and compliance with all relevant environmental regulations.

Climate Action and Sustainability

Strive to achieve a 100% reduction in carbon emissions by 2050 by minimizing consumption and resource waste and emissions to land, air, and water. This includes careful management of air quality, mineral resources, water usage, and soil quality throughout all operations. Adhere to national environmental legislation in all operating countries. Align environmental programs with ethical sourcing and efficiency principles, eliminating unnecessary environmental waste while promoting eco-efficiency.

Encourage use of renewable energy sources where feasible including exploring opportunities for solar, wind, or other clean energy alternatives, and developing clear plans for reducing reliance on non-renewable energy sources. Conserve biodiversity and land use must prevent deforestation, habitat loss, and species endangerment. Ensure responsible handling of hazardous substances promoting safe, disposal and product designs that prioritize recyclability and minimal environmental impact.

Land, Water and Forest Rights

Ensure that no activity or action results in harm or a negative impact on the environment. This includes but is not limited to; soil degradation, water pollution, air pollution, excessive noise emissions, and overuse of water resources. These impacts could significantly harm ecosystems, threaten biodiversity, and jeopardize the availability of food, drinking water, and human health and Indigenous groups

Monitoring and Auditing

At Kognic, we are committed to maintaining a high standard of compliance and continuous improvement. We expect our Business Partners to engage in regular monitoring and audits to uphold the principles outlined in this Code of Conduct.

Ethical Use of Monitoring Technology

Utilize monitoring technologies (such as stopwatch/time report) responsibly, ensuring they are used for performance tracking and process improvement without violating worker privacy, breaching local legislation, or creating an oppressive environment.

Compliance Audits and Reporting

Participate in audits to verify compliance with this Code of Conduct and are expected to cooperate by allowing reasonable access to records documentation, and facilities and provide reports to demonstrate adherence to our standards upon request.

Disciplinary Measures for Violations

Violations of this Code will result in appropriate disciplinary action. Apply fair and consistent procedures for addressing breaches, with serious violations potentially leading to termination of business relationships.

Continuous Improvements and Policy Updates

Regularly review and update their policies to ensure effectiveness. Incorporate feedback, best practices, and lessons learned into their improvements and clearly communicate updates to all relevant parties.

Last update 17/02/2025

Contact: legal@kognic.com

These User Terms and Conditions (User Terms) are entered between the individual registering for an account (User) and Kognic AB (Kognic) by clicking “ Agree” or similar named button to create your account, or when you access and use the Service, you agree to be bound by the User Terms including Kognic and the Service Privacy Policy and the Acceptable Use Policy. 

Relationship User, Kognic, Customer

All Users are provisioned by a company or organization (Customer) that administers and controls the account. All Customers have separately agreed to Kognic Terms and Conditions or a separate written agreement (Kognic T&C). The User may, to the Service, upload in the API digital files, material, or models (Customer data). The User may provide data characteristics, labels, or any other input to the Customer Data (Annotations) in the Service to create a Results for the Customer.

Ownership of data. User agrees that all Customer data and Annotations that constitute Results are the sole property of the Customer. 

Customer and Kognic have agreed to the following: Customer is responsible 1) for the User's compliance with any restrictions and obligations for the use of the Service. 2) To inform the User about any restrictions and obligations. 3) To obtain the necessary rights, permissions, or consents necessary to lawfully use Customer data. 4). For the transfer and data processing of Customer data to be lawful.

Use of the service

All use of the Service must comply with the Acceptable Use Terms and User Security Terms and solely use the supported internet browsers.

User agrees and acknowledges that the User has obtained, alone or through the Customer, all necessary rights, licenses, and permissions to all digital files, material, or models (Customer data) that User uploads to the service. And that the use of Customer data doesn’t infringe on any third-party rights or applicable law.

User agrees not to use or spread any Confidential information for any purpose outside the Kognic Service. 

Account

When creating a User account, information is required to be provided, Users have the obligation to keep the information up to date. Some information required is Personal information (name, email address, etc.), User agrees to the Privacy Policy. User agrees that the Account is personal and no right to use the Service can be assigned or subject to transfer. User acknowledges and agrees that the Customer has the full right, control, and responsibility to administer the account and is able to access, disclose, restrict, and remove information from the account. The customer may also restrict access to the account or temporarily or indefinitely terminate the account.

The User is responsible for keeping the password secure and confidential. Kognic may, from time to time, prompt you to change your password, it is the User’s obligation to comply. If User suspects that the Account is no longer secure, she must immediately inform Kognic at support@kognic.com

Kognic collects data about the usage of the Service described in the Privacy Policy, and User agrees that the data collected about the usage of the Service is the sole property of Kognic or Customer. All rights not expressly granted to the User or the Customer are reserved by Kognic. Kognic may, at its sole discretion but without obligation Monitor: 1) the use of the Service by Users, 2) the Customer data, and 3) statistical data for operational and other purposes.

Term and Termination

The term of User terms are effective from the creation of the User account and end when the Customer’s agreement with Kognic is terminated or when the access to the Service is terminated. The Customer or Kognic may terminate or suspend access to the account at any time. If terminated, the provisions regarding secrecy, feedback, ownership of IP, collected data and privacy, indemnification, limitations and general provisions, and all other terms that by their nature will survive.

If the account is terminated, Kognic has the obligation to save data regarding the usage of User enabling to claim compensation towards the Customer for work performed for 30 days.

Feedback

User may submit Feedback to Kognic regarding its Service or business. Kognic may, but has no obligation: 1) use, modify, incorporate, 2) license, sublicense, distribute, and communicate the Feedback at its sole discretion without any obligation to compensate User. User may not submit Feedback that is confidential or proprietary to a third party.

General Provisions

Kognic may modify the User Terms and conditions from time to time. Kognic will notify if any material changes to the terms and conditions 30 days before the effective date of the update. Changes that are due to legal or regulatory reasons may be effective immediately. By continuing to use the Service after a change becomes effective, you agree to be bound by the modified terms and conditions.

The User Terms and all referenced terms and conditions constitute the entire Agreement between the parties and all prior or contemporaneous understandings and agreements, whether written or oral, including non-disclosure agreements. All modifications, amendments, waivers, or provisions except those stated in this Agreement must be in writing and signed by both parties. If there are inconsistencies between this Agreement and the referenced terms and conditions, the User Terms shall prevail. If any provision in this Agreement is in conflict with Kognic T&C, the latter shall prevail.

If any court of competent jurisdiction finds any term of this User Terms unenforceable, the term will be modified to reflect the parties' intention to the extent necessary to make it enforceable.

Definitions

• Account - individual access to use the Kognic Service. 
• Personal information - as defined in the EU General Data Protection Regulation (GDPR EU 2016/679).
• Feedback - any suggestion, idea, information, improvement, or similar.
• Service - The Kognic products and services provided to the Customer, including the products described in the Product terms.
• Customer Data - Any material the Customer submits to the Kognic API or to Kognic to facilitate the performance of the Service.
• Results - Annotations, labels, and data that are based on the Customer's Data and exported to the customer.
• Confidential Information - any and all information, regardless of the form or manner in which it is provided, which relates to the other Party’s business operations and to which a Party obtains access under this Agreement or which arises in conjunction with the performance of the Service, including this Agreement.

The following terms describe the practices deemed unacceptable using the Platform and any Service, the unacceptable practices below are not an exhaustive list and shall be interpreted in the context of the purpose of providing and ensuring the integrity of the Platform and any Service as well to ensure no laws or third party rights are violated by the use of the Platform and any Service. 

Customer and End-user agree not to access or use the Platform and any Service to:

1. Infringe on intellectual property or Confidential Information or rights of third parties. This includes any use of Customer Data.
2. Engage, or encourage, illegal, deceptive, fraudulent, or harmful use of the Platform and any Service.
3. Bring harm to Kognic’s business operations, reputation, or brand.
4. Violate any applicable laws or regulations.
5. Violate any data processing restrictions or fail to comply with the relevant safeguards to ensure third-party or individual data subjects' privacy. 
6. Upload or send Customer Data containing viruses, Trojans, worms, or other malicious software or code or Customer Data that otherwise damage or interfere with Kognic's system or the Platform or any Service. 
7. Not following IT security instructions and specifications, especially with regard to password security and updates.
8. Disrupt, interfere, or violate the Platform or any Service, including but not limited to:
   1. Circumventing or breaching any security or authentication measures and attempts thereto.
   2. Overload, disrupt, or disable the service.
   3. Using any kind of robot, spider, scraper, or automated means to access the service.
   4. Bypass, circumvent, or defeat restrictions placed in the Platform or any Service.

The above also applies to allowing third-party access to the Platform or any related Service.

Users of the Kognic Platform Services are obligated to follow and abide by the following security terms, inability to follow these terms may result in suspension or termination of Users’ accounts. 

• Keep passwords secure and safe, do not share a password with any third party, and on a regular basis change passwords.
• Only use the Service from a secure connection with a firewall and necessary safeguards to ensure unauthorized access is prevented.
• Only use the supported internet browser to access and operate the Service.
  
  

Report to Kognic if any misuse or security breaches occur or are suspected.