Terms Conditions

Last updated June 28, 2022

1.- Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Qnary (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.qnary.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

In addition to these Terms and Conditions, App users (Qnary clients) must contemplate the particular Qnary signed service contract.

Qnary is registered in New York, United States and have our registered office at 256 W 36th St, New York, NY 10018, USA, New York, NY 10018. You agree that by accessing the Site or the app, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Qnary reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time . Qnary will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site or the app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or the app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Qnary provides to you electronically, via email and in the app, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

2.- Site management

These Terms of Use and any policies or operating rules posted by us on the Site or the app, or in respect to the Site or the app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Qnary may assign any or all of our rights and obligations to others at any time. Qnary shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Qnary is an independent contractor and neither you nor Qnary will be considered for any purpose to be the agent, partner, franchisee, franchisor or joint venture of the other. Neither the user nor Qnary have any obligation or responsibility to act on behalf or on behalf of the other, or the power or authority to unite the other in any way.

You agree that these Terms of Use will not be construed against Qnary by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Qnary reserves the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

These Terms of Use shall remain in full force and effect while you use the Site or the app. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, QNARY RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. QNARY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If Qnary terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Qnary reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

3.- Privacy Policy

By using the Site or the app, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Conditions. Please be advised the Site and App is hosted in the United States. If you access the Site or the app from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or the app, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Qnary Application.

Unless specified otherwise, all Data requested by Qnary App is mandatory and failure to provide this Data may make it impossible for the App to provide Qnary services. In cases where Qnary App specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Who is the Data Controller?

The controllers of the data collected and processed are all Qnary companies:

Qnary United States, Qnary LLC; 256 W 36th St, New York, NY 10018, (USA)
Qnary United Kingdom, Epworth House, 25 City Rd, London EC1Y 1AA, (United Kingdom)
Qnary Spain, Plaza Villacís 2, 41003, Sevilla (España)
Qnary APAC, Level 2, Suite 2b, 79 Commonwealth Street Surry Hills, NSW, 2010 (Australia)

Countries outside the EU are declared recipients of an adequate level of privacy in the processing of personal data, by the European Commission.

In the case of Qnary Australia, the client and the user expressly consent to the international transfer of data because it is necessary for the performance of the contract and the provision of Qnary’s services. However, Qnary Australia applies the same security and privacy standards as all other Qnary offices.

Qnary could be considered a joint-controller when Qnary processes some data of the Client (The company and the executives) such as user App data (the executive). Qnary and the Client will be joint-controllers when both jointly determine the purposes and means of processing for the performance of the Qnary contract services, such as optimization of digital media services to the executive. In any case, Qnary will only process executives’ data for the specific purposes of the processing.

What information does Qnary process?

(A) Information provided by you:

Qnary gathers personal information that you voluntarily provide to Qnary when (i) you visit Qnary’s Website, (ii) express an interest in obtaining information about Qnary or its products and services, (iii) when you participate in activities on the Website, (iv) use the Qnary’s app or (v) otherwise when you contact Qnary. The personal information you disclose to Qnary include the following:

On the Website:

name of the user;
phone numbers;
email addresses;
company name.

In the platform (Qnary Clients):

name of the client;
user name or nickname from social media accounts;
photo from social media accounts;
gender;
date of birth;
phone numbers and email contact addresses;
primary email address associated with the authorized social media accounts;
company name;
job titles;
contact preferences;
billing addresses;
headline profile URL;
public profile URL;
users connections’ data (e.g. language, number of sessions, session duration, device information, geography/region, operating systems, networks access permissions);
user’s & user’s organization’s posts, comments, reactions, and other engagement data from their social networks;
social media engagement data;
user’s advertising accounts data.

All personal information that you provide to Qnary must be true, complete and accurate, and you must notify of any changes to such personal information.

Personal Data may be freely provided by the user, or, in case of usage data, collected automatically when using this application.

(B) Information automatically collected:

Qnary automatically collects certain information when you visit, use or navigate the Website. This information does not reveal your specific identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Qnary also collects information through cookies and similar technologies. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

For more information about cookies we collect, check our COOKIES POLICY: https://www.qnary.com/cookie-policy/.

In order to enhance Qnary’s ability to provide relevant marketing, offers and services to you and update our records or to do a contact commercial action to you, Qnary may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties (e.g. LinkedIn). This information includes mailing addresses, job titles, email addresses, phone numbers, user behavior data, Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion. In any case, you can object to such processing at any time without providing any justification.

Which is the Qnary legal basis for processing?

Qnary may process Personal Data relating Users if one of following applies:

User has given consent to the processing of his or her personal data: e.g. website user fulfill a contact form.

Performance of a Qnary Services agreement or any pre-contract obligations thereof: e.g. user contract the Qnary App services.

Compliance with a legal obligation to which Qnary is subject: e.g. billing information.

Legitimate business interests: e.g. Public and accessible information on the internet for Qnary direct marketing purposes, such a contact commercial action using an email address, job titles, phone numbers found in company websites, or user’s public social media profiles (e.g. LinkedIn).

Under some legislations Qnary may be allowed to process Personal Data until the user objects to such processing (“opt-out”), without having to rely on consent or any other of the previous legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law.

Qnary’s purposes for processing

The Data concerning the user is collected to allow Qnary to provide its Service:

To respond to user’s requests and inquiries.
To fulfill contractual obligations.
To send you marketing and promotional communications.You can opt-out of our marketing emails at any time.
Deliver targeted advertising to you.Qnary may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

In addition, the User’s Personal Data may be used for legal purposes by Qnary in Court or in the stages leading to possible legal action arising from improper use of the Website, the Qnary Application or the related Services.
The user declares to be aware that Qnary may be required to reveal personal data upon request of public authorities.

How long does Qnary keep your information?

Personal Data shall be processed and stored for as long as required by the purpose the data have been collected for; unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

Therefore:

Personal Data collected for purposes related to the performance of a Qnary contract services between Qnary and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Qnary legitimate interests for marketing shall be retained as long as needed to fulfill such purposes.

When Qnary has no ongoing legitimate business need to process your personal information, Qnary will either delete or anonymize such information, or, if this is not possible, then Qnary will securely store your personal information and isolate it from any further processing until deletion is possible. Qnary will keep the data until the user asks for the erasure of their data. Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Will your information be shared with anyone?

Qnary does not share data from its Website with third parties, except for cookies. For more information click on the cookies section.

Data transfer outside the EU: All Qnary companies located outside the EU are countries declared recipients of an adequate level of privacy in the processing of personal data, by the European Commission.

Does Qnary use cookies and other tracking technologies?

Qnary may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how Qnary uses such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

Does Qnary collect information from minors?

Qnary does not knowingly solicit data from or market to children under 18 years of age. By using the Website or the app, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website or the app. If Qnary learns that personal information from users less than 18 years of age has been collected, Qnary will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data Qnary may have collected from children under age 18, please contact us at DPO@qnary.com .

What are your privacy rights?

In some regions (like the EU, UK or California), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information.

To request to review, update, or delete your personal information, please submit a request form by clicking here. Qnary will consider and act upon any request in accordance with applicable data protection laws.

If Qnary is relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EU or UK and you believe Qnary is unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you are a resident in California, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. More contact details for the data protection authorities are available here: https://oag.ca.gov/contact

If you have any questions or comments about your Privacy rights, you may contact Qnary Data protection Officer (DPO) at DPO@qnary.com

Details about the right to object to direct marketing processing

Where Personal Data is processed for the purposes of the legitimate interests pursued by Qnary (direct marketing purposes), Users can object to such processing at any time without providing any justification.

Controls for do-not-track features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, Qnary does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that Qnary must follow in the future, Qnary will inform you about that practice in a revised version of this Privacy Policy.

Does Qnary make updates to this Privacy Policy?

Qnary reserves the right to make changes to this privacy policy at any time.

Qnary will update this Privacy Policy as necessary to stay compliant with relevant laws. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If Qnary makes material changes to this Privacy Policy, Qnary may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Qnary encourages you to review this Privacy Policy frequently to be informed of how Qnary is protecting your information.

Qnary’s methods of processing

Qnary takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

How can you contact Qnary about this Privacy Policy?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO) by email at DPO@qnary.com.

Device permissions for access to third-party accounts in Qnary App

Depending on the User’s specific device, Qnary Application may request certain permissions that allow it to access the User’s device Data and social networks as described below.

By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact Qnary for support at the contact details provided in the present document.
The exact procedure for controlling app permissions may be dependent on the User’s device and software.

Please note that the revoking of such permissions might impact the proper functioning of Qnary Application.

If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by Qnary Application.

Qnary can request the following social networks:

Access to third-party accounts

This type of service allows this Application to access Data from your account on a third-party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.

Facebook account access (Facebook, Inc.)

This service allows this Application to connect with the User’s account on the Facebook social network, provided by Facebook, Inc.

Permissions asked: About Me; Activities; Business Management API; Current City; Education History; Gender; Groups; Hometown; Insights; Interests; Likes; Manage Groups; Manage Notifications; Manage Pages; Online Presence; Publish as Page; Publish to the Wall; Show List of Managed Pages; Status Updates; User Timeline Posts Access; Website; Work History.

Place of processing: United States – Privacy Policy.

Twitter account access (Twitter, Inc.)

This service allows this Application to connect with the User’s account on the Twitter social network, provided by Twitter, Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.Place of processing: United States – Privacy Policy.