Services Privacy Statement

Services Privacy Statement version 23 February 2024

Purpose and Scope

Cognitio Corporation dba MurmurattoTM (“Murmuratto”) respects the privacy of individuals. 

This Services Privacy Statement (“Services Notice”) applies to our collection, use, and disclosure of information obtained in connection with the provision and use of our SaaS software (the “SaaS Software”) to the extent that we act as data controller. In this Services Notice, all of the offerings in respect of which we are acting as data controller are collectively referred to as the “Solutions”.

For clarity, this means that this Services Notice does not apply where we process Customer data as processor on behalf of our Customers in the context of providing the SaaS Software. We or our Customers may also provide applications and integrations hosted by third-party services. This Services Notice does not cover such third‑party services even if this information is collected using our Service. 

This Services Notice also does not apply to information or data collected by Murmuratto for other purposes outside of or unrelated to the Service. Please see our Website Privacy Statement for details on our privacy practices with respect to data processed in relation to our websites, events, and marketing activities.

For the purposes of this Services Notice: 

·  Solutions” of Murmuratto’s proprietary SaaS opportunity management platform and related services 

·  Customer” means the entity that purchases our Solution.

·  Agreement” means the definitive agreement between Customer and Murmuratto under which the Customer purchased access to the Solution.

·  Customer Data” means the electronic data uploaded into the Subscription Service by or for Customer or its Users.

·  Usage Data” means data derived from Users’ use of the Service. For the avoidance of doubt, Usage Data does not include or form part of Customer Data. 

·  User” means an individual authorized to access and use the Solutions.

·  Partner” means an entity that sells the SaaS Software and related services or provides services or technology to Murmuratto customers that relate to the Solution.

·       Customer Data” means all data, information and media including without limitation any Personal Information, that is (i) provided or made available by or on behalf of Customer and/or the Licensed Entity or their respective Representatives, directly or indirectly, to Murmuratto or otherwise input into the SaaS Software by or on behalf of Customer and/or the Licensed Entities or their respective Representatives and (ii) any feedback, findings, reports and/or analysis to the extent derived from the Customer Data, but excluding the Derived Data as defined below.

·       SaaS Software” means the proprietary Murmuratto SaaS software (including the SaaS Platform, the dashboard and any data or content forming a part of the software but excluding Customer Data) designed to manage opportunities; and the software tools, dashboards and analytics embodied therein, including any third-party software embedded therein; and any Updates and related support services; but excluding the Professional Services.

·       “Derived Data” means the aggregated, anonymous usage data, performance data, statistical data and meta data derived regarding the Customer Data. 

 

How We Obtain Information

We collect several types of information from and about our Customers, Users, and Partners in the course of hosting, providing, maintaining, supporting, and improving our Service.  

We are a data controller with respect to any data uploaded to our platforms (including Customer Data uploaded to the SaaS Software). For the avoidance of doubt, we act as a data processor when processing Customer Data on behalf of our Customers in the course of providing the SaaS Software to them.

Usage Data is collected directly from the Customer and User’s use of the Solutions. This may include usage patterns, session duration, traffic data, location data, approximate location, logs and other communication data, and the resources that the User accesses, as well as information about the User’s device and internet connection, including their operating system and browser type.  

Finally, we may process certain User login data for certain Services.

 

How We Use Information

Murmuratto uses the Customer Data solely for the purpose of providing the Solutions.

By acquiring the Solution, Murmuratto will create a Customer and User profile on the Customer’s behalf that will allow the User to access the SaaS Software. The customer and user data may be collected during registration, SaaS Software configuration and/or use of the Solution.

The Customer Data will be used for the purpose of (i) monitoring, testing and improving the SaaS Software and (ii) creating comparative data and data insights relating to usage of the SaaS Software; provided in each case that such derived data cannot be used to identify or be linked to Customer or any entity or individual or reveal any identifiable Customer Data or be used to recreate any Customer Data (“Derived Data”). 

 

Legal Basis

To the extent that we process Customer data, including Account Data or Usage Data or certain User log‑in data, we do so on the basis of our legitimate business interest to do so (taking into account the fundamental privacy rights of any relevant individuals), and / or on the basis of compliance with a legal obligation, and / or on the basis of performance of a contract, and / or on the basis of consent, depending on the specific activity involved. 

How We Disclose Information Collected

We may disclose Customer and User personal data covered by this Services Notice to the following categories of recipients:

·  To our contractors, Partners, and service providers we use to support our Service and Partners who provide services on our behalf and on behalf of our Customers (including AI and ML service providers, where applicable).

·  To a potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution, or liquidation), in which case personal data held by us about our Customers, Users, and Partners will be among the assets transferred to the buyer or acquirer.

·  To any competent law enforcement body, regulatory, government agency, court or other third party to: (i) comply with any court order, a request from any competent law enforcement agency, or any other legal obligation; (ii) enforce or apply the terms of the Agreement or any contract to which Murmuratto is party; (iii) enforce or apply the terms of the agreement for partnership with our Partners; (iv) protect the rights, property, or safety of Murmuratto, its employees, subcontractors and agents and / or Murmuratto’s Customers, Users, or others; and (v) to defend against a legal claim.

·  To any other person with consent to the disclosure.

 

Security and Breach Notification

Murmuratto maintains appropriate technical and organizational measures designed to protect the data covered by this Services Notice from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, and access. Murmuratto personnel and service providers with access to such data are required to keep them confidential and secure. 

 

Retention

We retain personal data only for so long as we have an ongoing legitimate business need to do so (for example, to provide the User with the Solution; a service they or the Customer or Partner has requested; or to comply with applicable legal, tax, or accounting requirements, or to maintain a record of consent preferences). 

 

 

Your Privacy Choices

Where we act as data controller, we provide Users with certain choices regarding the personal data they provide to us in accordance with applicable laws.

·  Certain jurisdictions provide their residents with additional control over how their personal data is “shared” or “sold” (as those terms are defined under applicable laws). Murmuratto does not “sell” personal data obtained from the operation of the Solutions to third parties. Murmuratto does not “share” this information for purposes of cross-context behavioral advertising. 


If you are an authorized agent seeking to make a request regarding a Customer or User data, please contact us at support@murmuratto.com.

Customers and Users may contact us to exercise these or other rights using the details in the “Contact Information” section below.

 

Additional Information for Individuals Residing in Certain U.S. States

California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”). If you are a resident of one of these states, this section applies to you.

Additional Disclosures

For more information about the specific data points we collect, and the sources of such collection, please see the “How We Obtain Information” section above.

Information on how we use Customer and User data is described in the “How We Use Information Collected” section above. 

Information on how we disclose personal data is described in the “How We Disclose Information Collected” section above.

As required by certain State Laws, below we use two different tables to explain this same information, including the categories of personal data we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such personal data, and the ways we use each category of personal data.

Collection, Use, and Disclosure of Personal Data


Category of Personal Data 

Categories of Recipients

Use of Personal Data

Identifiers (such as User’s name, e-mail address, or login details etc.)

Service providers (including cloud service providers, security providers, and data storage providers, together “Platform Service Providers”); data analytics providers

We use the information in the following ways:

·  Account Data may be used for Platform Service Providers and data analytics configuration.

·  Usage Data may be used for general maintenance, support, security, and to improve the Service.

·  If we have the Customer’s prior authorization and agreement, we may process their Customer Data for the purpose of training Murmuratto’s artificial intelligence (“AI”) and machine learning (“ML”) models.

·  We may use third party service providers to train our models, which may involve the transfer of personal data to those third parties).

·  We may process Customer Data and other data we receive from Users or representatives of Customers or Partners for other purposes, including to:

·       operate, maintain, and improve the Solutions (including by asking for feedback in certain circumstances)

·       develop new products and features

·       provide Users, Customers, and Partners with information, products, or services that they request from us

·       carry out our obligations and enforce our rights arising from any contracts entered into between us

·       conduct industry analysis, benchmarking, analytics, and other business purposes using Derived Data

·       enforce our legal rights or to defend a claim or otherwise to protect the rights and property of Cognitio Corporation and others

·       comply with legal and financial obligations

 

We may also need to disclose information where legally required, in order to obtain professional services (such as from lawyers, accountants or auditors), or in connection with a proposed merger, acquisition, or any form of sale or transfer of some or all of our assets.

Commercial information (such as products or services purchased or configuration of the Subscription Service)

Platform Service providers, data analytics providers; legal advisors

Device, internet, and electronic network activity information (such as IP address, usage patterns, traffic data, location data, logs, other communication data, and the resources that the User accesses, as well as information about their device and internet connection, including the operating system and browser type)

Platform Service providers, data analytics providers

Electronic, visual, and similar information (such as videos or recordings of selected requests, bug fixes, errors, or feedback sessions, etc)

Platform Service Providers

Professional or employment‑related information (such as job title, supervisor name, and department they work for, etc.) 

Platform Service Providers; data analytics providers

  

Your Privacy Rights

Access, Correction, and Deletion

If you are a User, you have the right to: (1) request to know more about and access your personal data, including in a portable format, (2) request deletion of your personal data, and (3) request correction of inaccurate personal data. To request access, correction, or deletion of your personal data, please submit the request via certified mail to the address provided in the Contact Information section below. Once we receive the request, we will verify your request. 

Non‑discrimination

We will not discriminate against Users who choose to exercise their rights under the CCPA or any other rights you may have in respect of your personal data.

Data Retention

For information on our data retention practices, please see the section “Retention” above.

Appeals

You have the right to appeal a decision we may have about your privacy rights. If we deny your request, you may appeal our decision by contacting us at support@murmuratto.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

 

General

Changes to this Services Notice
We reserve the right to update or change this Services Notice from time to time. For clarity, any update or change to this Services Notice will not change or modify the Agreement. 

Contact Information
For questions or comments about this Services Notice or our privacy practices, please contact 
support@murmuratto.com. Customers or Users who need assistance to update, change, or remove information from the Service please contact support@murmuratto.com. 

For written inquiries, please contact us at: 

Cognitio Corporation
PO Box 3340

Guaynabo, PR 00970