Privacy Policy

PRIVACY POLICY

Last modified: October 5, 2020

cQuant.IO, Inc. (“cQuant,” “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy”), which is applicable to your use any website, mobile application, including, web applications, and technology platform (the “Platform”) and services offered by cQuant (“Services”).

Please read this policy carefully to understand how we collect, use, share, and otherwise process information relating to you, and your rights and choices regarding our processing of your Personal Data.

To the maximum extent permitted by applicable laws, BY ACCEPTING THE TERMS AND CONDITIONS, OR BY USING OR ACCESSING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE OR CONSENT TO ANY OF THE TERMS OF THIS PRIVACY POLICY, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING OR OTHERWISE USING THE PLATFORM AND ANY SERVICES OBTAINED FROM IT.

Please be advised: This Privacy Policy contains provisions that govern how claims you and cQuant have against each other can be brought (see Section 10 below). These provisions will, with limited exception, require you to submit claims you have against cQuant to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

For any Users that are residents of the State of California, please see Section 6 for additional rights only available to residents of the State of California.

1. Information Subject to this Policy

“Personal Data” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household, such as your name, phone number, email, approximate geographic location of your computer or device, or postal address, and possibly information relating to certain support or customer service issues.

“Personal Data” does not include:

  • information that is lawfully made available from federal, state, or local government records (i.e., “publically available information”); and
  • consumer information that is de-identified or aggregate consumer information (“Aggregate Data”).

From time to time, we will collect Aggregate Data about the use of the Platform or Services This Aggregate Data represents a generic overview of our users’ collective viewing habits and activities, and allows us and permitted third parties to modify information, promotions, offers, and/or discounts on Services based on user traffic and behavior. We collect this information using technologies such as “cookies”, which are discussed in greater detail below. We collect this information to determine, for example, which areas of the Platform or Services are most popular and to enhance the Platform or Services. We may also group this Aggregate Data to describe the use of the Platform to our existing or potential business partners or other third parties, or in response to a government request. From time to time, we may use this Aggregate Data to optimize third-party offers of our Services. We also may share Aggregate Data to business partners or third parties to enable the provision of targeted information. However, please be assured that cQuant uses commercially reasonable efforts to assure that this Aggregate Data will not personally identify you.

While some experiences will not prompt a collection of Personal Data, you generally need to provide us with Personal Data to use most of the features of the Platform and Services, including to allow us to provide you with certain personalized or enhanced Services. How we collect and store information depends on the Services in which you elect to participate.

2. INFORMATION COLLECTION

a. Information You Provide Us

We receive and store any information you enter on the Platform or give to us in any other way. Types of information you may provide include:

  • Contact Information. When you sign up for a User Account, submit a request to be contacted by us, or use our Services, you may be required to give us your name, email address, billing address, and phone number, and additional information that enables you to sign up for and use the Platform and Services. You will be prompted to enter or provide this information before using Services.
  • Payment Information. In certain circumstances a credit card may be used for payment to cQuant. When you provide a credit card number or other payment method via the Platform, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers. We will provide you with the name of the third party that handles our payments, and we encourage you to review such third party’s privacy policy. We may also permit you to pay us via direct deposit. If you pay via direct deposit, you will have to provide your bank account information such as the exact name of the account holder, your routing number, and the destination account number.
  • Information You Submit. If you contact us directly, we may receive additional information about you. For example, when you contact customer support, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. Except as stated in legally binding documents between you and cQuant, such as our Standard Terms and Conditions of Service, we have no privacy or confidentiality obligation with respect to Personal Data or other information you disclose to us in this manner.
  • Device Information. If you have installed or used the Platform on your computer or other electronic device, it may require special permission such as access to the camera, microphone, location, read and write external storage, or network access. Those permissions allow the Platform to work properly on your device. If you do not allow all required permission to the Platform, it will not work properly.
  • Survey Information. We may also collect information and data provided by you from our responses to surveys that we might ask for research purposes to improve our Services. With your consent, we may post testimonials on the Platform. We may also post or share news, events, results, marketing materials from individuals or companies. Requests to remove posted materials should be submitted to info@cquant.io. Reasonable efforts will be made to remove posts upon receiving written notice.

Information on your user account may be visible to all users and the general public subject to the privacy choices you make within your user account.

b. Information We Automatically Collect From You

We also collect information during the course, or as a result, of your use of the Platform. Types of information we may automatically collect from you include:

  • Location. The Platform does not track your location; however, we use certain applications for site performance and marketing such as Google Analytics (more below) and HubSpot, and such applications may track location for such application’s internal purposes.
  • Device Information. When you use the Platform, We may collect certain information automatically from your devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
  • Interactions. To help us understand how you use the Platform and to help us improve it, we automatically receive information about your interactions with the Platform, like the pages or other content you view, items you purchase and other purchase history, your actions within the Platform, and the dates and times of your visits.
  • Analytics. We may also use analytic tools, including Google Analytics, to collect information regarding your behavior and your demographics. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Platform by going to tools.google.com/dlpage/gaoptout.cQuant
  • Cookies and Similar Technology. The Platform may collect information automatically using electronic tools. For example, we may automatically collect non-personally identifiable information and data using “cookies.” Cookies are small text files a website uses to recognize repeat users, facilitate the user’s ongoing access to the Platform, and facilitate the use of the Platform. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that many features of the Platform will not function or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers or other third parties with links on the Platform. We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry. Tracking technologies may record information such as Internet domain and host names; IP addresses; browser software and operating system types; clickstream patterns; and dates and times that the Platform is accessed. We may also use web beacons, clear gifs, or other similar technologies (collectively “pixel tags”). A pixel tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible and may be associated with cookies on the visitors’ storage drives. We may use pixel tags to track your use of the Platform for advertising, marketing, or promotional purposes, and to determine whether you opened an email message from us. This information also enables us to customize the services we offer.

The Platform does not currently support Do Not Track, which is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites.

c. Information We Collect From Third Parties

We may also collect information from third parties or business partners. Types of information we may collect from third parties include:

  • Third Party Information. We may receive additional information about you, such as demographic data, or fraud detection information, from third parties and combine it with other information that we have about you

    3. HOW WE USE THE INFORMATION WE COLLECT

    We use all the information we collect from you to:

    • provide, improve, expand, and promote the Platform;
    • help us provide you Services you request via the Platform;
    • process orders, service your account, and respond to your inquiries;
    • contact you with offers, coupons, and promotions that we think are relevant to you;
    • analyze how users use the Platform;
    • send you messages and push notifications regarding Services you request via the Platform;
    • personalize your user experience;
    • facilitate the delivery of content or advertisements that we feel may be relevant to you;
    • provide you with customer support;
    • find and prevent fraud; and
    • respond to trust and safety issues that may arise.

      4. DISCLOSURE OF YOUR INFORMATION

      The following are the various ways your information may be shared:

      • Sharing Between Our Affiliates. We may share your information to our subsidiaries and affiliates.
      • Sharing With Your Consent. We may share your information whenever you consent to such sharing.
      • Sharing For Promotions. We partner with various businesses to promote and provide special offers, promotions, and discounts (“Promotions”). We will share your information with our partners that are helping us provide such Promotions We will share only that information necessary to provide you with Promotions, such as your email address, general geographic location, and any public information on your User Account. As such you may receive marketing emails from our business partners.
      • Sharing Due To Integration. If you connect to the Platform through an integration with a third party service, we may share information about your use of the Platform with that third party.
      • Sharing With Service Providers. We may sometimes use other businesses to perform certain services for us, such as hosting or maintaining the Platform, storing your information, processing payments, processing subscriptions, or providing marketing assistance and data analysis. We may provide Personal Data to service providers when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personal Data on our behalf. Notwithstanding the above, we cannot guarantee that such service providers will adhere to the contractual obligations or acceptable business practices.
      • Sharing With Advertising Partners. Advertisements that appear on the Platform are supplied by our advertising partners. Information about your use of the Platform and information you supply to the Platform will be used to serve you ads. We share usage information with our advertising partners for this purpose. Our advertising partners who place ads on the Platform may also use cookies, pixel tags, and other means to collect non-personally-identifiable information.
      • Sharing With Third Party Websites. The Platform may allow you to connect with other websites, products, or services that we don’t have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you. We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
      • Complying With the Law. If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process, including, with law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the cQuant community, cQuant, or the public, including to enforce or apply our agreements with you or another user, such as for billing and collection purposes. We may also share your information to comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures. We will do our best to contact you with notice of any required disclosures so that you can intervene at your sole cost and expense.
      • Other Ways We Share Your Information. We may share your information with our insurance partners to help determine and provide relevant coverage in the event of an incident. We may share your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Platform is among the assets transferred.

      cQuant will not sell, share, or rent your Personal Data, except as discussed above, is set out in this policy, as is explained to you at or before the time you provide Personal Data, or as required by law.

      When cQuant shares your Personal Data with third parties we take reasonable steps to ensure that these third parties are notified of their obligations to reasonably protect Personal Data on our behalf. However, we cannot guarantee that such third parties will adhere to the contractual obligations or acceptable business practices.

      5. YOUR CHOICES REGARDING YOUR PERSONAL DATA

      a.  Email Subscriptions

      If you no longer want to receive email communications from us, you may unsubscribe by clicking the “Unsubscribe” link in our email. Should you continue to receive email communications from us after unsubscribing please contact us at info@cquant.io.  Opting out of receiving emails may impact your use of the Platform. We may continue to send you transactional related emails for any transactions with you initiate.

      If you receive promotional emails from third parties, you will need to separately opt-out with such third party.

      b.  Push Notifications

      You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.

      c.  User Account

      If you create a User Account to use the Platform, you may be asked to choose a password for your account, in which case your User Account information shall be protected by your password. You should not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or User Account. You can access and update information in your account profile at any time by logging into the Platform with your login name and password. Once you have logged in, you can update certain information such as your name, photo, email, password, and security preferences.

      d.  Location Information

      While you can prevent your device from sharing location information at any time through your device’s operating system settings, User location is important to your use of the Platform and without it will be very difficult and nearly impossible for you to use all the features and Services provided via the Platform.

      e.  Terminating Your User Account

      If would like to terminate your User Account, please contact us through our customer support team. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time, and except as stated elsewhere in this Privacy Policy or in legally binding documents between you and cQuant, such as our Standard Terms and Conditions of Service, we will have no confidentiality or privacy obligations with respect to that information. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Use, or take other actions as required or permitted by law.

      6.  CALIFORNIA CONSUMER PROTECTION ACT

      This section of the Privacy Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”).

      In accordance with the CCPA, this Privacy Policy discloses:

      • what categories of Personal Data and the specific pieces of Personal Data we collect;
      • how that Personal Data is collected and how we use it;
      • the categories of Personal Data that are sold or shared with third parties;
      • the categories or types of third parties with whom Personal Data with whom we share Personal Data.

      As a California resident you can request a list of the Personal Data we collected from you, a list of the Personal Data we have shared with third parties, and a list of the names of third party with whom we have shared your Personal Data. You may make such a request twice per year at no charge to you.

      You may also request that we do not sell or disclose your Personal Data to third parties. However, to provide you with most Services and the Platform we need to share certain aspects of your Personal Data with our third party service providers. Accordingly, such request may affect how you use and access the Services and Platform we provide.

      You may also request that we, and any third parties with whom we have shared your Personal Data, delete all your Personal Data. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.

      To make any of the foregoing requests, email us at [email] with the subject line “California Consumer Protection Act,” or call [toll free number] between 9:00 a.m. and 5:00 p.m. MT, Monday through Friday.

      7.  CHILDREN’S PRIVACY

      We understand and share your concerns regarding your children’s access to Internet and the Internet’s access to your children. The Platform is not directed to children. Consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly request or accept Personal Data submitted to the Platform by any visitor under 13 years of age. If we become aware that an individual under age 13 has provided information to us through the Platform, we will make commercially reasonable efforts to delete such information from our databases.

      8.  INFORMATION SECURITY

      The nature of our business means that the Personal Data collected through our Platform and Services will be transferred to the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country. Also, our personnel and the third-parties to whom we disclose Personal Data are located in the United States. We have not adopted policies that comply specifically with the EU General Data Protection Regulation (GDPR).

      We employ customary industry practices to protect any personal information you have provided through the Platform. However, no method of transmitting or storing electronic data is completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed or used by, or released to, unauthorized third parties or in a manner that is inconsistent with this policy.

      9.  CLASS ACTION WAIVER AND BINDING ARBITRATION

      ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY POLICY SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU SHALL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITH YOU WITHOUT THE WRITTEN CONSENT OF cQuant.

      ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING UNDER OR RELATED TO THIS PRIVACY POLICY SHALL BE RESOLVED FIRST BY MEANS OF DIRECT DISCUSSIONS BETWEEN YOU AND cQuant. IF NOT RESOLVED PURSUANT TO SUCH DISCUSSIONS, THE CLAIM, DISPUTE, OR CONTROVERSY SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN arbitrator SHALL BE FOLLOWED, EXCEPT THAT THE arbitrator SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PRIVACY POLICY WILL BE CONDUCTED IN DENVER, COLORADO.

      10.  Miscellaneous

      We reserve the right, at our sole discretion, to alter this Privacy Policy at any time without prior notice to any user, including to comply with privacy laws, regulations, and/or our own or industry standards, business practices, or otherwise. We encourage you to review this Privacy Policy each time you access or use the Platform or Services. Your use of the Platform or Services at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and any change made to this Privacy Policy.

      Except as otherwise provided by law, (1) in no event will cQuant or its affiliates or service providers be liable for any accidental or inadvertent disclosure of Personal Data, (2) cQuant’s total liability for a violation of this privacy policy shall not exceed the direct damages proximately caused by the violation not to exceed $250.00, and (3) in no event will cQuant be liable for indirect, special, punitive, or consequential damages.

      This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.

      If any provision of this Privacy Policy is held invalid or unenforceable, the provision is intended to be enforceable to the maximum extent permitted under law and therefore that the court or arbiter is requested reform the invalid or unenforceable provision to render it enforceable to the maximum extent permitted. If the court or arbiter refuses to modify or reform the provision, then the provision shall be severed from this Privacy Policy with no effect upon the remaining provisions of this Privacy Policy.

      No waiver of any provision of this Privacy Policy by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision.

      We do not make any representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

      If you are a party to any binding agreement with cQuant, such as cQuant’s Standard Terms and Conditions of Service, that agreement will take precedence and control in the event of any inconsistency between that agreement and this Privacy Policy.

      If you have any questions or comments about this Privacy Policy or our privacy practices, or to report any violations of this Privacy Policy or abuse of the Platform or the Services, please contact us by mail or email at the following:

      Attn: Privacy Concerns

      Address: 357 McCaslin Blvd., Suite 200, Louisville CO 80027

      E-mail: info@cquant.io