Last Update: August 3, 2018.
information and data relating to your access and use of the Services and the Qwalify websites (the
"Websites"), and what rights you have with respect to such information and data. The Privacy
Policy forms part of the Qwalify Terms of Service (the "Terms of Service") and any capitalized
Websites or any other aspect of Qwalify's business.
notice of such changes by posting the revised policy on the Website, and where appropriate, by other means. By
continuing to use the Services after such changes are posted, you agree to such changes.
- GENERAL PRINCIPLES
- Control of Information. The Customer controls and is responsible for their instance of the Services
(their "Service Portal") and any information and data associated therewith, including any and all
information and data submitted by the Customer through their Account (the "Customer Information"), and any
and all information and data submitted by participants of the Service Portal (the "Participants").
- Customer Responsibilities. With respect to its collection, use and disclosure of information and data
submitted by Participants (the "Participant Information"), the Customer must comply with all applicable
laws. Without limitation, the Customer must:
all applicable laws;
- obtain consent from all Participants for the collection, use and disclosure of the Participant
Information, and its processing by Qwalify and other third parties in connection with the Services; and
- if the Participant Information includes sensitive personal data (including information relating to
medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical
beliefs, trade union membership or sexuality), obtain affirmative, express consent from all such
Participants for the collection, use and disclosure of same, and its processing by Qwalify and other
third parties in connection with the Services.
The Customer should seek independent legal advice prior to the collection, use and disclosure of any
- Data Protection Inquiries. If you are a Customer, please contact Qwalify with any questions about data
protection relating to the Services. If you are a Participant, please contact the applicable Customer with
any questions about data protection relating to the Services.
- Controller and Processor. Data protection law in certain jurisdictions differentiates between the
"controller" and "processor" of information and data. In general, the Customer is the controller of
Participant Information. In general, Qwalify is the processor of Participant Information and the controller
of Customer Information and Other Information.
- Data Subject Age. The Services are prohibited for any person that less than eighteen (18) years old and
the age of majority in their resident jurisdiction. Qwalify does not knowingly collect information from or
relating to any such person. If you are aware of a person that is using the Services and is under such age,
please contact Qwalify immediately at firstname.lastname@example.org.
- Primary Definition Summaries.
- Customer Information is defined in Section 1.1 as information and data submitted by
the Customer through their Account.
- Participant Information is defined in Section 1.2 as information and data submitted
- User Information is defined in Section 2.1 as Customer Information and Participant
- Other Information is defined in Section 2.2 as information and data that is generated
(as opposed to submitted) based on the use of the Services by Customers and/or Participants.
- Service Data is defined in Section 3.2 as User Information and Other Information,
Qwalify collects, receives and generates information and data relating to both Customers and Participants
(together "Authorized Users").
User Information. Qwalify collects and receives Customer Information and Participant
Information during access and use of the Services and Websites (the "User Information"). User Information
includes without limitation identifying information (such as name, address, telephone number, email address
and billing information) and content (such as photos, images, videos, graphics, written content, audio files
- Other Information. Qwalify generates and collects information and data that is
generated based on the use of the Services by the Authorized Users (the "Other Information"). Other
Information includes the following:
- Services Metadata. When an Authorized User interacts with the Services, metadata is
generated that provides additional context about the way Authorized Users work. For example, Qwalify
logs the type of activity engaged by Authorized Users using the Service Portals to better understand
which features and tools are most used or in need of improvement.
- Log Data. As with most websites and technology services delivered over the Internet,
Qwalify servers automatically collect and record information when the Websites and Services are
accessed. This log data may include the Internet Protocol (IP) address, the address of the web page
visited before using the Websites or Services, browser type and settings, the date and time the Services
were used, information about browser configuration and plugins, language preferences and cookie data.
This Other Information is used to optimize the delivery of the Services.
- Device Information. Qwalify collects information about devices used to access the
Services, including the type of device, what operating system is used, device settings, application IDs,
unique device identifiers and crash data. Whether Qwalify collects some or all of this Other Information
often depends on the type of device used and its settings. This Other Information is used to optimize
the delivery of the Services.
- Location Information. Qwalify collects information from Authorized Users to determine
their approximate location, such as their business address, IP address or any other location information
from devices in accordance with the consent process provided by the device.
Services that help collect Other Information. The Websites and Services may also include cookies and
similar tracking technologies of third parties, which may collect Other Information about Authorized
Users via the Websites and Services and across other websites and online services. If you do not wish to
accept cookies, you have the option of blocking or disabling cookies. Your computer provides you with
the ability to clear all cookies that have been stored onto your hard drive, should you wish to do so.
However, please be aware that you may be unable to access certain parts of the Services if you block or
disable Qwalify cookies
- Third Party Services. Qwalify may receive data about organizations, industries,
Website visitors, marketing campaigns and other matters related to the Services from parent
corporation(s), affiliates and subsidiaries, Qwalify partners or others that Qwalify uses to make the
Other Information more useful. This data may be combined with Other Information Qwalify collects and
might include aggregate level data, such as which IP addresses correspond to zip codes or countries.
- Additional Information Provided to Qwalify. Qwalify receives Other Information when
submitted to the Websites or if you participate in a focus group, contest, activity or event, apply for
a job, request support, interact with Qwalify social media accounts or otherwise communicate with
Generally, no one is under a statutory or contractual obligation to provide any information or data to
Qwalify. However, certain information and data is collected automatically when accessing and using the
Websites and Services, and blocking such collections may result in Qwalify's inability to provide you with
access and use to any part or whole of the Websites and/or Services.
- User Information. User Information will be used by Qwalify in accordance with the Customer's
instructions, including any applicable terms in the Terms of Service and Customer's use of the Services
functionality, and as required by applicable law.
- Service Data. User Information and Other Information (collectively, "Service Data") will be used by
Qwalify in furtherance of Qwalify's legitimate interests in operating the Services, Websites and business.
More specifically, Qwalify uses Service Data:
- To provide, update, maintain and protect the Services, Websites and business. This includes use of
Service Data to support delivery of the Services under the Terms of Service, prevent or address service
errors, security or technical issues, analyze and monitor usage, trends and other activities or at an
Authorized User's request;
- As required by applicable law, legal process or regulation;
- To communicate with you by responding to your requests, comments and questions. If you contact us,
Qwalify may use your Service Data to respond;
- To develop and provide additional features. Qwalify tries to make the Services as useful as possible
for specific Service Portals and Authorized Users. For example, Qwalify may improve functionality by
using Service Data to make Services suggestions based on historical use and predictive models, identify
organizational trends and insights, to customize a Services' experience or create new productivity
features and products;
- To send emails and other communications. Qwalify may send you service, technical and other
administrative emails, messages and other types of communications. Qwalify may also contact you to
inform you about changes in the Services, the Service offerings, and important Services-related notices,
such as security notices. These communications are considered part of the Services and you may not opt
out of them. In addition, Qwalify sometimes sends emails about new product features, promotional
communications or other news about Qwalify. These are marketing messages so you can control whether you
- For billing, account management and other administrative matters. Qwalify may need to contact you for
invoicing, account management and similar reasons and Qwalify uses account data to administer accounts
and keep track of billing and payments; and
- To investigate and help prevent security issues and abuse.
In general, Qwalify keeps your Service Data throughout your relationship with Qwalify. For Customers, this
means Qwalify will keep your Service Data as long as you maintain an Account. For Participants, Qwalify
processes your Service Data solely as a data processor on behalf of Qwalify Customers, and it is up to the
Customer to determine how long they will store your Service Data in the Qwalify systems.
Once you terminate your relationship with Qwalify, Qwalify generally will continue to store archived copies
of your Service Data for legitimate business purposes and to comply with applicable law, except when Qwalify
receives a valid erasure request, or, if you are a Customer, you terminate your Account and your Service Data
is purged pursuant to Qwalify's standard purge process.
If Service Data is aggregated or de-identified so it is no longer reasonably associated with an identified or
identifiable natural person, Qwalify may retain and use it for any business purpose. To the extent Service
Data is associated with an identified or identifiable natural person and is protected as personal data under
This section describes how Qwalify may share and disclose Service Data.
Customers determine their own policies and practices for the sharing and disclosure of Participant
Information, and Qwalify does not control how they or any other third parties choose to share or disclose
- Customer's Instructions. Qwalify will solely share and disclose Service Data in
accordance with a Customer's instructions, including any applicable terms in the Terms of Service and
Customer's use of Services functionality, and in compliance with applicable law and legal process.
- Displaying the Services. When an Authorized User submits Service Data, it may be
displayed to other Authorized Users in the same or connected Service Portal.
- Collaborating with Others. The Services provide different ways for Authorized Users
working in independent Service Portals to collaborate. Service Data, such as an Authorized User's
profile, may be shared, subject to the policies and practices of the Service Portal.
- Customer Access. Authorized Users may be able to access, modify or restrict access to
Service Data. This may include, for example, your employer using Service features to export logs of
Service Portal activity, or accessing or modifying profile details.
- Third Party Service Providers and Partners. Qwalify may engage third party companies
or individuals as service providers or business partners to process Service Data and support the Qwalify
business. These third parties may, for example, provide virtual computing and storage services.
- Third Party Services. Customer may enable or permit Authorized Users to enable Third
Party Services. When enabled, Qwalify may share Service Data with Third Party Services. Third Party
Services are not owned or controlled by Qwalify and third parties that have been granted access to
Service Data may have their own policies and practices for its collection and use. Please check the
privacy settings and notices in these Third Party Services or contact the provider for any questions.
- Corporate Affiliates. Qwalify may share Service Data with its corporate affiliates,
parents and/or subsidiaries.
- During a Change to Qwalify's Business. If Qwalify engages in a merger, acquisition,
bankruptcy, dissolution, reorganization, sale of some or all of Qwalify's assets or stock, financing,
public offering of securities, acquisition of all or a portion of the Qwalify business, a similar
transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or
all Service Data may be shared or transferred, subject to standard confidentiality arrangements.
- Aggregated or De-identified Data. Qwalify may disclose or use aggregated or
de-identified Service Data for any purpose. For example, Qwalify may share aggregated or de-identified
Service Data with prospects or partners for business or research purposes, such as telling a prospective
Qwalify customer the average amount of time spent within a typical Service Portal.
- To Comply with Laws. If Qwalify receives a request for information, Qwalify may
disclose Service Data if Qwalify reasonably believes disclosure is in accordance with or required by any
applicable law, regulation or legal process. Qwalify is released of any liability associated with any
such disclosures made in good faith.
- To Enforce Rights, Prevent Fraud, And For Safety. Qwalify may disclose or use Service
Data to protect and defend the rights, property or safety of Qwalify or third parties, including
enforcing contracts or policies, or in connection with investigating and preventing fraud or security
- With Consent. Qwalify may share Service Data with third parties when Qwalify has
consent to do so.
Qwalify understands that you have legal rights over your Service Data, and takes reasonable steps in
accordance with applicable laws to allow you to access, correct, amend, delete, port, or limit the use of your
- Customer Control. If you are a Customer, you can update many types of Service Data, such
as payment or contact information, directly within your Account. If you are unable to change your Service
Data within your Account, please contact Qwalify to make the required changes.
- Participant Control. If you are a Participant and wish to exercise these rights, please
contact the Customer you interacted with directly. Qwalify serves as a processor on the Customer's behalf,
and can only forward your request to them to allow them to respond. It's important to remember that if you
delete or limit the use of your Service Data, the Services may not function properly.
- Automated decision making In the course of providing the Services, Qwalify uses a number
of machine learning algorithms and forms of automated decision-making. These algorithms are not fully
automated and include human intervention.
Any suggestions or comments for improving or modifying the Services that are included in your communications
with Qwalify ("Feedback") will be deemed to be non-confidential and non-proprietary to you,
and you agree that: (a) Qwalify is therefore not subject to any confidentiality obligations with respect to
the Feedback; (b) the Feedback is not confidential or proprietary information of any third party and you have
all of the necessary rights to disclose the Feedback to Qwalify; (c) Qwalify may irrevocably freely use,
reproduce, publicize and exploit the Feedback; and (d) you are not, nor is any other party, entitled to
receive any compensation or reimbursement of any kind from Qwalify in relation to the Feedback
Qwalify works hard to protect the Service Data from loss, misuse, and unauthorized access or disclosure.
These steps take into account the sensitivity of the Service Data and the current state of technology. Qwalify
follows industry standards on information security management to safeguard sensitive information, such as
financial information, intellectual property, employee details and any other personal information entrusted to
Qwalify. Qwalify information security systems apply to people, processes and information technology systems on
a risk management basis.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore,
Qwalify cannot guarantee the absolute security of Service Data.
privacy practices, or if you are seeking to exercise any of your rights relating thereto. You may contact
Qwalify at email@example.com or at the following mailing
147 Liberty Street
Data Protection Officer. To communicate with Qwalify's Data Protection Officer, please email