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Summary

This privacy policy is comprehensive, covering all aspects of the Personal Data we collect, the uses of the Personal Data and our compliance with specific regulatory laws like the GDPR and CCPA. To make this policy more consumable, the following summarizes our Privacy Policy:

• We collect Personal Data reasonably necessary to deliver our hosted software and services to You and to operate our business.
• We use this Personal Data only for the business purposes of running our business and delivering our hosted software service to You
• We maintain commercially reasonable safeguards to protect Your Personal Data
• We will never sell or distribute Your Personal Data to a third party except as necessary to deliver the hosted software service, as directed to do so by You, or to comply with applicable laws.

Who We Are

This General Privacy Policy (“Privacy Policy”) applies to Quiq, Inc., (collectively “we,” “us” or “our”).

The Controller of Your Personal Data processed under this privacy policy is Quiq, Inc., which has its principal place of business in Bozeman, Montana, USA.

Definitions

“You”, “Your”, or “Customer”: An organization which controls an instance of Quiq’s hosted software. A Customer may subscribe to Quiq’s software through a SaaS Agreement or gain access through free trials or other arrangements under Quiq’s standard Terms of Service. “You”, “Your”, or “Customer” may also include our business partners who resell or distribute Quiq hosted software and whose employees interact with Quiq personnel.

“End-user”: An individual that interacts with a Customer through Quiq’s hosted software. End-users are typically customers of Quiq Customers and use Quiq’s hosted software to communicate with the organization that is Quiq’s Customer.

Privacy Policy Contents

This Privacy Policy is intended for visitors of quiq.com and for You, our Customers.  The exercise of Personal Data subject rights under this privacy policy does not apply to End-users.  The applicable Customer is the Personal Data controller for an End-user.  And Customers configure the Quiq hosted software to connect with End-users via the following third-party messaging channels*: Apple Messages for Business, Facebook Messenger, Google’s Business Messaging, Instagram, Google Rich Business Messaging, SMS/Text, Twitter Direct Messages, and WhatsApp.  Each of the third-party messaging channels are Personal Data controllers for End-users using those services and each third-party messaging channel has its own applicable privacy policy.  If You are an End-user and You contact Quiq under this Privacy Policy, we will do our best to help connect You to the applicable Customer who is Your Personal Data controller.  Likewise, for End-users using any of the third-party messaging channels listed above, those third-party messaging channels’ websites and their privacy policies should be reviewed.

*The list of third-partner messaging channels may be updated at any time.  Please refer to https://quiq.com/sub-processors/ for the most current list.

Personal Data We Process

Personal data refers to any information relating to an identified or identifiable individual person (“Personal Data”).

We organize the Personal Data we process into these basic categories: Website Traffic Data, Billing and Account Data, and Product Data.

Website Traffic Data

We may collect Personal Data or request that certain Personal Data be provided to us from visitors to our website. The sources from which we collect Personal Data include:

• Personal Data collected from visitors to our website, https://quiq.com/, such as browsing history, information about other websites directing traffic to our website, links clicked in email or other websites and cookies or other storage used to track website visitor sessions. We use Website Traffic Data to optimize the content delivered and navigation of our website; and
• Data collected directly from the visitor or the device relating to an identified or identifiable individual, and may include direct identifiers such as name, postal and email address, phone number, and online or indirect identifiers such as login account, login password, marketing preferences, social media account, and/or IP address, and the transcripts of messaging conversations visitors have with us on our website, https://quiq.com/; and
• when we link other data with visitor’s Personal Data, we will treat that linked data as Personal Data.

We will not collect or process special categories of Personal Data, such as data concerning health, race, ethnicity or political opinions, or deduce in any way this type of information from data we collect from our website.

Billing and Account Data

Billing and Account Data from business Customers includes the business Customer’s contact(s) name, email address, business phone number, Quiq subscription information, and may include company credit card information or other payment information. In some circumstances, a business Customer purchases our hosted software and services from a trusted third-party service provider, reseller, or app store. In those circumstances, Your Billing and Account Data is processed by the relevant third party and we may receive a copy of Your Billing and Account Data to keep proper business records. See below an example of Billing and Account Data and what we use it for:

Product Data from Customer users and End-users includes two sub-categories:

• Device Data includes information about the Customer’s operating system, network, and hardware environment, including the Quiq hosted software used by the Customer, and
• Service Data includes information about the Quiq hosted software usage and includes the transcript of text messages from End-users, Quiq hosted software usage statistics and logs, and the Customer’s and End-user’s IP addresses. Quiq includes features that allow End-users to authenticate with You and to pay you. When processing authentication and payment messages between End-users and You, Quiq does not access sensitive authentication information or credit card information. Quiq processes Device Data and Services Data to provide the Quiq services, to secure the Quiq services and the hosting environment used to provide the Quiq services, to improve the Quiq services and to enable the Quiq functionality for its Customers. Quiq does not sell Device Data or Services Data to third parties.

Why We Process Your Personal Data

We use Your Personal Data for the following purposes and on the following grounds:

On the basis of fulfilling our contract with Customers or entering into a contract with You on Your request, in order to:

• Process purchase of our hosted software or services from us, our partners or our trusted third- party service providers’ online stores;
• Provision the activation, implementation, and performance of the hosted software or service;
• Keep our hosted software or services up-to-date, safe and free of errors, including implementation of new hosted software features and versions;
• Verify Your identity and entitlement to hosted software or services and when You contact us for support, or You access our services;
• Process Your purchase transactions;
• Update You on the status of Your orders and licenses;
• Manage Your subscriptions and user accounts; and
• Provide You with technical and customer support; and
• Fulfil our contractual obligations specified in our agreement with You.

On the basis of Your consent or subject to Your opt-out, in order to:

• Send You commercial messages from Quiq including without limitation via Your business email address or business phone number
• For visitors to https://quiq.com and other affiliate sites, to send commercial messages from Quiq including without limitation via the visitor’s business email address

Depending on applicable law, we will ask for Your consent or provide You the opportunity to opt-out to commercial messages.

In order to fulfill legal obligations, we process Your Personal Data when it is necessary for compliance with a legal, tax, accounting, anti-money laundering, legal order, sanction checks or other obligations to which we are subject.

On the basis of our legitimate shared interest, we will use Your Personal Data to:

• Communicate about improvements, changes, or modifications to Your Quiq hosted software and services;
• Evaluate and to improve the performance and quality of our hosted software, services, and websites, develop new hosted software, train our employees and to understand and analyze usage trends;
• Make our systems and applications more secure;
• Maintain the effective performance of our business by ensuring necessary internal administrative and commercial processes (e.g., finances, controlling, business intelligence, legal & compliance, information security etc.); and
• Establish, exercise, or defend our legal rights.

Your interests are a key part of our decision-making process and have been considered in all the above-mentioned processing activities. We believe we have achieved a fair balance between privacy and operations. In any case, You have the right to object to those processing operations. For more details, please see section the section below on Your Privacy Rights.

Balancing Legitimate Interests

Before relying on our legitimate interests, we balanced them against Your interests and made sure they are compelling enough. With respect to the purposes below we consider necessary to explain what our interests are in detail.

Email Messages

We have a legitimate interest for messaging our business customers about performance improvements and about new or different hosted software and services from Quiq. We do not sell our business customers’ email addresses to third parties.

Product and business improvement

We have a legitimate interest to use necessary Personal Data to understand users’ download, activation, and interactions with our hosted software. This purpose of this processing is to optimize the user experience of our website and hosted software and services.

How We Disclose Your Personal Data

We may disclose Your Personal Data to our service provider partners to the extent necessary in order to fulfill the functionality of the hosted software and services, to fulfill the security of the software and the hosted environment, to enable access to the service through chat or text, with public authorities when required by applicable law, or to our advisors who provide tax, accounting, legal, and security services to Quiq. If we disclose Your Personal Data, we require its recipients to comply with equivalent privacy and confidentiality requirements, and security standards as our own

Service Providers

We may use contractors and service providers. (collectively “Subprocessors”) to process Your Personal Data for the purposes described in this Privacy Policy. The current list of Sub-processors engaged in Processing Personal Data for the performance of a service, including a description of their processing activities, can be found at https://quiq.com/sub-processors; in addition, contractors and service providers may include professional consultants (including financial auditors, legal advisors, and security auditors, to defend or to exercise our rights), and marketing analytics and/or survey analytics software suppliers, such as we use Google Analytics on our website.

Distributors, Resellers

We may provide Your Personal Data to our partners for the purpose of distribution, sale or management of our hosted software. Our partners may communicate with You about Quiq hosted software or services. In addition, You may purchase our hosted software directly from our distributor, a reseller, or an app store. Because Your relationship in these cases is with that distributor, reseller or an app store, such third party will also process Your Personal Data.

Sometimes our Service Providers and partners, for example our distributors, resellers, app store partners, and messaging companies, will be independent controllers of Your Personal Data and their terms and conditions, end user license agreements (“EULA”) and privacy statements will apply to such Personal Data processing.

Cookies Providers

Our website uses cookies to personalize the experience on our site, to tell us which parts of our website people have visited, to help us measure the effectiveness of campaigns, and to give us insights into user interactions so we can improve our communications and our website. Depending on applicable law, while using our website, visitors may be asked t

Analytics Tool Providers

We use analytical tools, including third-party analytical tools, which allow us, among other things, to identify potential performance or security issues with our hosted software, to improve their stability and function, to understand how You use our hosted software, and how visitors use our website so that we can optimize and improve the user experience, and to evaluate and improve our campaigns. We use Service and Device data for analytics.

While we generally prefer using our own analytical tools, we sometimes need to partner with other parties, which have developed and provide us with their own tools and expertise. Below, we list these partners and tools and their privacy policies.

Public Authorities

In certain instances, it may be necessary for us to disclose Your Personal Data to public authorities or as otherwise required by applicable law. No Personal Data will be disclosed to any public authority except in response to:

• A subpoena, warrant or other process issued by a court or other public authority of competent jurisdiction;
• A legal process having the same consequence as a court-issued request for Personal Data, in that if we were to refuse to provide such Personal Data, it would be in breach of local law, and it or its officers, executives or employees would be subject to liability for failing to honor such legal process;
• Where such disclosure is necessary for us to enforce our legal rights pursuant to applicable law; and in each case
• We will notify You before we disclose your Personal Data unless the law or legal procedure requires otherwise.

Mergers, Acquisitions and Corporate Restructurings

We may transfer Your Personal Data as part of a reorganization, merger, acquisition or sale of our business, stock, or assets. We will promptly notify You after any such deal and outline Your choices in that event, if applicable. Information including Personal Data relating to our business may be shared with other third parties to evaluate and conclude the transaction, subject to an agreement with the third party protecting the confidentiality and ensuring the appropriate security of any Personal Data processed by the third party.

Cross-Border Transfers of Personal Data among Quiq Entities and to Third-Party Vendors

We are a U.S.-based business that provides hosted software and services all around the world. To reach all our customers and provide all of them with our software, we operate on an infrastructure that is located in the U.S. and the EEA and may eventually span the world. The servers that are part of this infrastructure may therefore be in a country different than the one where You live. Regardless of the location of the server supporting the Quiq hosted software(s), this privacy policy applies to all Personal Data processed.

For Personal Data processed in the EEA, when we transfer Personal Data outside of the EEA, we put in place appropriate safeguards, such as standardized contracts approved by the European Commission. Situations for Personal Data processed in the EEA where we transfer Personal Data outside of the EEA include transmission of messages on messaging channels operating outside the EEA, the support of our hosted software and services, the processing of transactions and of Your payment details, and the delivery of updates and upgrades. Further, an outside-EEA transfer may also occur in case of a merger, acquisition, or a restructuring, where the acquirer is located outside of the EEA (see the section on Mergers, Acquisitions, and Restructuring).

How We Protect Your Personal Data

We maintain administrative, technical, and physical safeguards for the protection of Your Personal Data. More information is available in the Information Security Policy Manual located here [insert link]

Administrative Safeguards

Access to the Personal Data is limited to authorized personnel who have a legitimate need to know based on their job descriptions, for example, employees who provide technical support or who service billing. In the case of third-party contractors who process Personal Data on our behalf, similar requirements are imposed. Where an individual employee no longer requires access, that individual’s credentials to access Personal Data are revoked.

Technical Safeguards

We secure Personal Data as described in our Information Security Policy Manual [include link].

Physical Safeguards

Physical safeguards for Personal Data are described in our Information Security Policy Manual (include link].

Proportionality

We strive to process no more Personal Data from You than is required by the purpose for which we collect it. This, in turn, helps reduce the total risk of harm should Personal Data loss or a breach in security occur.

Children’s Privacy

Quiq hosted software are not intended or marketed for use by minors.

How Long We Store Your Personal Data

We will hold Your Personal Data on our systems for the following periods:

• For Billing and Account Data, for the duration of a customer’s subscription and upon expiration or termination of the subscription, for as long as we have a legal obligation or for our legitimate interests in establishing legal rights;
• For Product or Service Data, only as long as necessary for the purposes of a particular hosted software or service. The standard retention period for Product or Service Data are for the duration of the subscription plus twelve months following expiration or termination of the subscription.
• For Website Data, data is maintained for as long as it is helpful to improve the functioning of the website and then it is deleted; contact information is maintained for as long as the visitor maintains active contact information with Quiq and when it is no longer valid it is labeled as inactive data.
• For the categories of Personal Data listed above, until the later of, the time periods described above or after the Customer requests deletion of the Personal Data.

Storage of Your Personal Data

The Personal Data we collect from You may be stored, with risk-appropriate technical and organizational security measures applied to it, on in-house as well as third-party servers in the United States, in the EEA, as well as in locations that we or our trusted service providers and partners operate.

In all cases, we follow generally accepted standards and security measures to protect the Personal Data submitted to us, both during transmission and once we receive it.

Your Privacy Rights

You have the following rights regarding the processing of Your Personal Data:

• Right to information – Right to receive information about the processing of Your Personal Data, prior to processing as well as during the processing, upon request.
• Right of access – Aside from the information about the processing of Your Personal Data, You have the right to receive a copy of Your Personal Data undergoing processing.
• Right to rectification – We should process accurate Personal Data; if You discover inaccuracy, You have the right to seek correction of inaccurate Personal Data.
• Right to erasure (“right to be forgotten”) – You have the right to erasure of Your Personal Data, but only in specific cases stipulated by law, e.g., if there is no legally recognized title on our part for further processing of Your Personal Data (including protection of Quiq’s legitimate interests and rights).
• Right to data portability – The right to receive Personal Data which You have provided and is being processed on the basis of consent or where it is necessary for the purpose of conclusion and performance of a contract, in machine-readable format. This right applies exclusively to Personal Data where processing is carried out by automated means.
• Right to object – Applies to cases of processing carried out in legitimate interest. You have the right to object to such processing, on grounds relating to Your situation, and we are required to assess the processing to ensure compliance with all legally binding rules and applicable regulations. In case of direct marketing, we shall cease processing Personal Data for such purposes after the objection.
• Right to withdraw consent – In the case of processing based on Your consent, You can withdraw Your consent at any time, by using the same method (if technically possible) You used to provide it to us (the exact method will be described in more detail with each consent when You provide it). The withdrawal of consent shall not affect the lawfulness of processing based on Your consent before its withdrawal.
• Right to restriction of processing – You have the right to restriction of processing of Your Personal Data if: You are contesting the accuracy of Your Personal Data, for a period enabling us to verify the accuracy of Your Personal Data; the processing is unlawful and You oppose the erasure of the Personal Data and request the restriction of its use instead; we no longer need the Personal Data for the purposes of the processing, but they are required by You for the establishment, exercise or defense of legal claims; or You have objected to processing of Your Personal Data, and there is a pending verification whether our legitimate grounds override Your interests.
• Right to contact a supervisory authority or court – You may contact and lodge a complaint with the supervisory authority – The Office for Personal Data Protection in Ireland or Your local authority or a relevant court.

You can submit Your requests relating to Your Personal Data subject rights by contacting us at: privacy@quiq.com. The fulfillment of Personal Data subject rights listed above will depend on the category of Personal Data and the processing activity. In all cases, we strive to fulfill Your request.

We will action Your request within one month of receiving a request from You concerning any one of Your rights as a Data Subject. When we are faced with an unusually large number of requests or particularly complicated requests, the time limit may be extended to a maximum of another two months. If we fail to meet these deadlines, we would, of course, prefer that You contact us to resolve the situation informally.

Where requests we receive are unfounded or excessive, in particular because they repeat, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request.

California Privacy Rights

This section applies to residents of California, U.S.

Information Notice

Categories of collected Personal Data

You can see all categories of collected personal information listed in the section Personal Data We Process.

Sources from which the personal information is collected

You can find information about the sources of Personal Data in the section Personal Data We Process.

Business or commercial purpose for collecting or selling personal information

You can find all purposes of processing Your personal information listed in the section Why We Process Your Personal Data.

Categories of third parties with whom the business shares personal information

You can find all categories of recipients of personal information listed in the section How We Disclose Your Personal Data. Quiq does not and will not sell (as such term is defined in the California Consumer Privacy Act) Your personal information we collect.

Our hosted software is not targeted at minors under 16 years of age. We therefore have no knowledge of any sale of Personal Data concerning them.

Your Rights

You have the right to:

• • know what personal information is being collected about You;
  • know whether Your personal information is sold or disclosed and to whom;
  • say no to the sale of personal information (right to opt out);
  • request deletion of Your personal information; information will be deleted if no exception applies

(including our right to defend our lawful interests);

• access Your personal information; specific information shall be provided in a portable and, to the extent technically feasible, in a readily useable format but not more than twice in a 12-month period;
• equal service and price, even if You exercise Your privacy rights (right to non-discrimination).

Under California Civil Code § 1798.83, we are required to disclose to consumers the following information upon written request: (1) the categories of personal information that we have disclosed to third parties within the prior year, if that information was subsequently used for marketing purposes; and (2) the names and addresses of all such third parties to whom such personal information was disclosed.

We have not disclosed any such personal information as defined by the California Civil Code § 1798.83 regarding any California resident for marketing purposes.

Request Submission

You can submit Your requests to us at: privacy@quiq.com

Do Not Sell / Quiq. If You are a California resident, the California Consumer Privacy Act (“CCPA”) provides You with the right to opt out of the “sale” of Your personal information. Under the CCPA, “personal information” includes information that is not necessarily tied to Your identity as an individual directly but may be associated with Your device. This covers identifiers such as IP addresses, web cookies, web beacons and mobile Ad IDs, among others. In many cases, this type of information is not associated with You, but there are unique identifiers that could be. Similarly, the term “sell” is defined to include not just selling in exchange for money, but also sharing or transferring personal information (including information that does not directly identify an individual as described above) in exchange for anything of value, which covers a much broader set of situations and types of exchanges. At the same time, certain things are not considered “sales,” such as cases when (1) personal information is shared with a service provider that is contractually prohibited from using the personal information for any purpose beyond the service specifically requested (“service provider exception”), or (2) when the consumer has directed a company to disclose the personal information (“consumer directed exception”).

Quiq Does Not “Sell” Your Personal Information. Quiq does not sell Your personal information, like Your name, address, or email. Under the service provider exception discussed above, we share some of Your personal information with our service providers, whom we bind by contract or agree to comply with terms that limit the use of the information solely to provide a service for us or on our behalf (for example, we use partners to provide software hosting services), or in the limited additional circumstances outlined in our Privacy Policy (such as for the purpose of performing security audits on the hosted software or to comply with the law).

End of California CCPA section

Contact Us

To exercise any of Your rights, or if You have any other questions or complaints about our use of Your Personal Data and its privacy, write our Privacy Team at: privacy@quiq.com

Changes to this Privacy Policy

We reserve the right to revise or modify this Privacy Policy. In addition, we may update this Privacy Policy to reflect changes to our Personal Data practices. If we make any material changes, we will notify by means of a notice on this website. We encourage You to periodically review this page for the latest information on our privacy practices.

This Policy was last updated in January 2023.

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