General Terms of Service

QClose HR provides the Service to you in accordance with and subject to the following Terms of Service (these "Terms"). These Terms form part of the Agreement and define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, and govern your access to and use of all software, mobile apps, websites, and related services provided to you by QClose HR (collectively, the “Services”).

Please read these Terms carefully before you start to use the Services. By using the Services or signing up for an account, you accept and agree to be bound and abide by these Terms, Privacy Policy, and other applicable policies and terms of the Agreement. If you do not agree to the full Agreement, you must not access or use the Services.

1. Definitions
The following definitions apply to these Terms:
⦁ "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
⦁ "Agreement" means these Terms, in addition to our Privacy Policy, Data Processing Agreement (“DPA”), Business Associate Agreement (“BAA”), Refund Policy, Spam Guidelines, Affiliate Terms, and any other electronic or written agreement as applicable between or applicable to QClose HR and Customer, which govern the provision of the Service to you, as may be updated from time to time.
⦁ "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
⦁ "Customer" means you or your organization or employer.
⦁ "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. You (or your organization or employer) is the Data Controller; QClose HR is not the Data Controller, but the Data Processor, with respect to Processing of your Personal Data.
⦁ "Data Processor" means the entity which Processes Personal Data on behalf of the Data Controller, including as applicable any “service provider” as that term is defined by the CCPA. QClose HR is the Data Processor that has been retained by the Data Controller (you or your organization or employer) to Process your Personal Data on behalf of the Data Controller (QClose HR).
⦁ "Data Protection Laws" means any and all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland, the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time, including but not limited to EU Data Protection Laws and Non-EU Data Protection Laws applicable to the Processing of Personal Data under the Agreement.
⦁ "Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws).
⦁ "Process" and “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
⦁ "Project Management Application" refers to QClose HR’s web-based project management tool that allows Users to organize, assign, and track progress on tasks.
⦁ "Staff" refers to an individual within a User’s organization who is subject to the Staff Monitoring Application.
⦁ "Staff Monitoring Application" refers to QClose HR’s software application that allows Users to track time worked, activities, locations, and other related information for individuals within the User’s organization. The Staff Monitoring Application is one aspect of the Service provided by QClose HR under these terms.
⦁ "You," "Your," or "User" refers to anyone accessing or subject to the Service, including any Staff member, or User of the Project Management Application or QClose HR Talent.

2. License for use of the service; identity authentication
The Service is licensed for use only under these Terms. QClose HR reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service. Upon registering for the Service, QClose HR gives you the right to install the Service for use by the total number of Users you identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by you by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of Users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. QClose HR reserves the right at any time to require you to provide a list of the named individual(s). You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by QClose HR that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.

3. QClose HR Talent
QClose HR does not condition a User’s participation in QClose HR Talent on the use or purchase of any other QClose HR products or services (or vice versa). QClose HR does not condition the receipt of any benefit to a QClose HR Talent User upon the use of any other QClose HR product or service.

4. Installation, customization, and updates
Installation of the Service and any required modification of the Service to accommodate your computer system must be performed by you. All updates, upgrades, enhancements and modifications to the Service must be performed by QClose HR. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for your use or otherwise. At all times while these Terms are in effect, you shall provide QClose HR with access to your computer system so that QClose HR may install all updates. Failure to allow QClose HR to install updates or to compensate QClose HR for the installation of updates automatically terminates all warranties for any purpose related to the Service as well as your license to use the Service.

5. Term and fees
Provided prior notice of pricing is given to you, QClose HR reserves the right to charge you for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise. These Terms shall begin upon your registration for the Services and shall continue until your use of the Service is terminated by you or by QClose HR. You are responsible for all fees due to QClose HR and any compensation due to any Marketplace Member prior to the termination date.

6. Termination
Upon the termination of these Terms, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the QClose HR if you fail to comply with any provision of these Terms. Further, QClose HR may terminate the Service for any action taken by you that QClose HR believes in its sole discretion is an inappropriate use of the Service even if not specifically detailed by these Terms, including, any use of the Service that is prohibited by federal, state, or local law. Any warranty regarding the Service will automatically terminate without notice if you fail to comply with any provision these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of QClose HR shall remain in full force and effect notwithstanding termination of any warranty or use of the Service.

7. Proprietary nature of the service
The Service and Platform are proprietary to, and valuable trade secrets of QClose HR. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that you will only use such proprietary content, information, or materials for permitted uses under these Terms. The Service is entrusted to you only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to QClose HR. As a consequence, the parties agree that if you fail to abide by these Terms, QClose HR will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by law.

8. Consent to use of data
You agree that QClose HR may collect and use technical data and User information as described in its Privacy Policy (https://qclosehr.com/privacy-policy), and, including, but not limited to, information about you and your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of customization, updates, and other services to you (if any) related to the Service. QClose HR may use this information, to improve the Service or to provide services or technologies to you. QClose HR treats Personal Data differently from general information. Personal Data can be used to identify, locate or contact you. General information is information that is not Personal Data and is not associated with Personal Data. QClose HR may convert Personal Data into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to QClose HR and that QClose HR has the right to use such general information as it determines in its sole discretion. QClose HR may Process information in the country where it was collected, as well as other countries (including the United States) where laws regarding Processing of Personal Data may be less stringent than the laws in your country. QClose HR uses Personal Data for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the QClose HR’s website. QClose HR may provide Personal Data to third parties who Process it in accordance with QClose HR’s instructions in order for QClose HR to provide Services to you (including processing payments for use of the Service). QClose HR reserves the right to disclose your information if QClose HR has a good-faith belief that the disclosure is (a) required by law, regulation, or legal process; (b) appropriate to detect, prevent, or remedy violations of these Terms, fraud, security, or technical issues; or (c) permitted in order to protect QClose HR, other Users, or the public. If QClose HR is involved in a change of control through sale of assets or otherwise, we will give notice before your Personal Data is transferred or becomes subject to a different privacy policy.

9. Content and linking to other websites
The Service may enable access to the QClose HR Talent and the parties’ websites, as well as the websites of third parties (collectively, the "Websites"). The Websites may display, include, or make available content, data, information, applications or materials from third parties, including your data, or provide links to additional third-party websites ("Data and Materials"). By using the Service, you acknowledge and agree that QClose HR is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the Websites. QClose HR does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any data and materials on the Websites. To the extent you choose to access such Websites, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. QClose HR reserves the right to change, suspend, remove, or disable access to the Websites at any time without notice. In no event will QClose HR be liable for the removal of or disabling of access to any such Websites. QClose HR may also impose limits on the use of or access to certain Websites, in any case and without notice or liability. You agree to use the Websites at your sole risk and that QClose HR shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

10. User content
You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by you on or through the Service ("User Content") is your sole responsibility. QClose HR claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant QClose HR a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt, such User Content to provide the Service to you. By submitting, posting or displaying User Content which is intended to be shared or made available to the general public, including through QClose HR Talent, you grant QClose HR a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Service and for the purpose of promoting QClose HR and its services. As a condition of using the Service, you agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of the Service, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content. QClose HR may review and refuse to accept or remove any User Content in its sole discretion. QClose HR reserves the right to expel Users and prevent their further access to the Services for violating these terms or applicable laws, rules or regulations. QClose HR may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for QClose HR, damage QClose HR’s public image or business. It is QClose HR’s policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Any profile you submit must accurately describe you, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. QClose HR does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.

11. Intellectual Property Rights
Trademarks The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on www.qclosehr.com are the registered and/or unregistered Trademarks of QClose HR, or such other third party that may own the displayed Trademarks. Nothing contained on this Web site or in these terms of service grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web site without the written permission of QClose HR or such other third party that may own the displayed Trademarks. Site contents and copyright The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Website Content") are all subject to patent, copyright, trademark and other intellectual property protection. Website Content may not be copied for commercial use or redistribution, nor may Website Content be modified, processed, or reposted to other websites. Access to and uses of this Website are solely for your purchase our services or for personal use, information, education and communication with QClose HR. You may download, copy or print the Website Content of this Website for your personal non-commercial use only. No right, title or interest in any of the Website Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website. All rights not expressly granted to you by these Terms are reserved by QClose HR. Identification of agent to receive notification of claimed copyright or trademark infringement If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Service and is accessible in a way that constitutes copyright or trademark infringement. Please contact QClose HR by email at info@qclose.net.

12. Disclaimer of warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. QClose HR CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON. THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND QClose HR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QClose HR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

13. Privacy and cybersecurity indemnification
You agree that the QClose HR Services and Platform are used to Process information and Personal Data that you provide on an individual basis or by way of a transfer by a business entity under these Terms, and for purposes of these Terms you are designated the Data Controller and QClose HR is designated as the Data Processor. You further agree and acknowledge your obligations as the Data Controller under the QClose HR Data Processing Agreement. To the fullest extent permitted by law for all Personal Data that you collect, Process via the Services or maintain on the Platform, you shall indemnify and hold QClose HR, its Affiliates, and their respective officers, directors, trustees, shareholders, employees, and agents (each an "Indemnified Party"), harmless from and against any and all damages and liabilities or third party claims against any Indemnified Party, for loss, cost, damage, or expense of every kind and nature (including, without limitation, penalties imposed by law, regulations, rules by any regulatory authority, court costs, expenses, and reasonable attorneys’ fees) to the extent arising out of, relating to privacy and cybersecurity requirements, including without limitation, failure to comply with Articles 5 to 21, and 32 to 37 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR"), or resulting from, in whole or in part, the breach or non-compliance with this Agreement or the omission, negligence, gross negligence or willful misconduct by you or any of your representatives.

14. Limitation of liability
QClose HR shall not be responsible for any loss or damage to you or any third parties caused by the service or information contained in the service. You waive any and all claims you may have against QClose HR arising out of the performance or nonperformance of the service. You specifically waive any and all claims you may have against QClose HR as a result of incorrect information content displayed by the service or changes to content made by you. QClose HR shall not be liable for any direct, indirect, special, incidental, or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of the service or any performance of these terms, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the service, even if QClose HR has been advised of the possibility of such damages. In no event shall QClose HR’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount actually paid by you to QClose HR for the service in the 365 days immediately preceding the date that QClose HR receives notice of a claim in writing from you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Consent to electronic communications
By registering to use the Service or Platform, or by sending us or emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed ("Digital Means"). We will communicate with you by the aforementioned Digital Means, or by posting notices on the Services or Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For the Services and Platform that integrate with a mobile functionality, your carrier’s normal messaging; data and other rates and fees will still apply.

16. International Users consent to cross-border transfers of Personal Data
For those QClose HR Users located outside the United States, you acknowledge and expressly consent to QClose HR’s use of your Personal Data and further acknowledge that QClose HR’s Processing of Personal Data is required to perform the Services or use the Platform. Further at times Personal Data will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical authorities have not determined to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your Personal Data, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

17. No rights granted; Non-assignability
These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or QClose HR’s trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than QClose HR. These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these Terms.

18. Miscellaneous provisions

⦁ Choice of Law. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the State of Indiana, United States of America, to the exclusion of any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction.
⦁ Jurisdiction. You consent to personal jurisdiction in any of the state courts sitting in United Kingdom, and agree that any suit arising under these Terms shall exclusively be commenced and maintained in such courts.
⦁ General Indemnity. You agree to indemnify and hold QClose HR and (as applicable) its related entities, Affiliates, and QClose HR’s and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.
⦁ Attorney Fees and Expenses. In a dispute arising out of or related to these Terms, QClose HR shall have the right to collect reasonable attorney fees and costs and necessary expenditures from you.
⦁ Severability. If a court finds any provision of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as best to affect the intent of the parties.
⦁ Effect of Waiver. The failure to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights.

19. Suggestions and feedback
QClose HR welcomes feedback or inquiries about the Service. If you elect to provide any feedback or comments of any nature to QClose HR, all feedback and comments shall be the sole and exclusive property of QClose HR, and QClose HR shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you. QClose HR is under no obligation, however, to use such feedback.

20. Refund policy
You can cancel your account at any point in time from your organization page, or by sending an email to info@qclose.net with the subject line, "Cancel". We would be glad to provide further instructions at that time on how to cancel your account if needed. There will be no refunds given except for specific situations where our support team deems it necessary. For more information, please review our Refund Policy

21. Legal notice
QClose HR may modify these Terms or any additional terms, and such modification shall be effective and binding on you upon notice by QClose HR via email to the email account provided by you upon registration for the Service. If you do not agree to any modification of these Terms, you should discontinue your use of the Service. Communications made through the QClose HR’s website or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to QClose HR or any of its officers, employees, agents, or representatives, such as where notice to QClose HR is required by contract, or any federal, state, or local laws, rules, or regulations.

22. Eligibility
In order to use the Service, you must: (i) be at least eighteen (18) years old and able to enter into contracts; (ii) complete the account registration process; (iii) agree to these Terms and the Agreement; (iv) provide true, complete, and up-to-date contact and billing information; By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. QClose HR may refuse service, close accounts of any Customer, and change eligibility requirements at any time.

23. Compliance with laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including all Data Protection Laws. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any laws and regulations, including HIPAA, GLBA, Data Protection Laws, United States export control laws and regulations and economic sanctions laws and regulations, or other applicable laws. QClose HR is not liable if your use of the Service violates any laws or regulations to which you are subject. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws. You represent and warrant that you have obtained valid consent or other valid legal basis for all data, including Personal Data, you upload to, store, or Process with the Service You further agree, represent, and warrant to QClose HR that: (i) you will obtain and maintain all necessary permissions and valid consents or other valid legal bases required to lawfully transfer data to QClose HR and to enable such data to be lawfully collected, Processed, and shared by QClose HR for the purposes of providing the Service or as otherwise directed by you; and (ii) to the extent QClose HR processes your data or information protected by Data Protection Laws as a Data Processor on your behalf, you and QClose HR shall be subject to and comply with the QClose HR Data Processing Agreement, which is incorporated into and forms an integral part of these Terms and the Agreement. QClose HR’s DPA sets out your and QClose HR’s respective obligations with respect to data protection and security when Processing your data on your behalf in connection with the Services. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section.

PRIVACY POLICY

This privacy policy explains how QClose HR as www.qclosehr.com (collectively, "QClose HR," "we," "us," and "our") collects, uses, shares, and processes information about you. This privacy policy describes our practices concerning your personal data that we process when we provide you with QClose HR’s services, including the services available through our website at www.qclosehr.com, our mobile, browser, and desktop applications, and other services where we link this Policy (collectively the "Services"). It also tells you about your privacy rights. Our Terms of Service at https://qclosehr.com/terms-of-service provide further terms governing your use of the Services. Together, along with this Privacy Policy, our Terms of Service, Data Processing Agreement (“DPA”), Business Associate Agreement (“BAA”), Refund Policy, Spam Guidelines, Affiliate Terms, and any other electronic or written agreement as applicable between or applicable to QClose HR and Customer, which govern the provision of the Service to you, as may be updated from time to time, form our “Agreement.” By accessing, downloading, registering with, purchasing from, or otherwise using our Services, you agree to Agreement. Please read this Privacy Policy and all other applicable terms of our Agreement carefully before you start to use the Services. By using the Services or signing up for an account, you accept and agree to be bound and abide by the Agreement and consent to and agree that we may collect, process, use, retain, disclose, and transfer your Personal Data as described in this Privacy Policy. If you do not agree to the full Agreement, you must not access or use the Services. We reserve the right to change this Privacy Policy at any time. We will alert you that changes have been made by indicating the “last updated” date of the current version. We encourage you to review this Privacy Policy from time to time to make sure that you understand how any Personal Data we collect will be used.

1. Contact information
If you have any questions, comments, requests, or concerns related to this privacy policy or our privacy practices or if you would like to opt-out of future communications or exercise your other privacy-related rights, please feel free to contact us at: info@qclose.net

2. Applicability and eligibility
We need to process your Personal Data to operate our organization and provide you with our Services. By accepting the Agreement, you are confirming that you have read and understood these policies, including how and why we use your Personal Data. If you don’t want us to collect or process your Personal Data in the ways described in this Privacy Policy, you should not use the Services. Please note we are not responsible for the content or the privacy policies or practices of any third party organization or service that interact with our Services. We encourage you to read the privacy policies of these third-party organizations before using any of the Services.

3. Personal data we collect
As used herein, the term "Personal Data" means any information relating to an identified or identifiable natural person including information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, credit card number, identification number, location data, or an online identifier) and information about that individual or his or her activities that is directly linked to the individual. Personal Data does not include aggregate data, which is data we collect about the use of the Services or about a group or category of services or users, from which an individual’s identity cannot be discerned and all other Personal Data has been removed. This Privacy Policy in no way restricts or limits our use of aggregate data. We rely on a number of legal bases to process the information we receive about you from your use of the Services, including where:
⦁ you have consented to the processing;
⦁ the processing is necessary to perform the contractual obligations in order to provide the Services to you, including those of our terms of service;
⦁ necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
⦁ necessary to protect your vital interests, or those of others;
⦁ necessary in the public interest;
⦁ necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, users, or partners; and
⦁ you have expressly made the information public. Where we process your information on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may withdraw your consent at any time by contacting us at info@qclose.com. Where we process your information on the basis of legitimate interests, we do so where the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests. Information we may collect about you includes: Account Information: you may register for an account with us (a “Services Account”). We do not require you to register to use our Services. However, if you do register a Services Account, you will gain access to those areas and features of the Services that require registration. We will collect certain information about you in connection with your registration for a Services Account, which may include Personal Data and other information such as a username and password. To register for a Services Account, we will ask you to provide the following:
⦁ Your first and last name, email, company size, password, phone (optional), and Skype handle (optional).
⦁ You may optionally upload your photo. To register your organization for a Services Account, we will ask you to provide the following:
⦁ Your organization name, team size, currency, logo (optional), preferred settings, team member’s email and role.
⦁ Information about a job offered or desired, your skills and experience, your company or agency, and related information shared through QClose HR Talent Payment Transaction Information: We may collect information related to purchases made through the Services. You may provide certain information to complete payments via the Services, including your credit or debit card number, card expiration date, CVV code, billing address (collectively, “Payment Information”), along with your name and billing, delivery and shipping address, to complete payment transactions through certain services. Please note we work with Service Providers (as defined below) to handle payment transactions. We do not collect or maintain your credit card or other financial account information; this information is handled for us by our Service Providers. You are subject to the privacy policies and terms and conditions of our Service Providers when utilizing a third party service through our Services. Please review the Service Providers’ privacy policies and terms and conditions before using their services. Task Information: When you use the Services, we collect certain information about your inputs into the Services which could contain Personal Data, such as comments, attachments, and daily stand-ups entered by users of the Services. Correspondence Information: If you sign up, email us, subscribe to our blog, newsletters, or mailing lists, we may keep your message, email address, and contact information to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. We do not share or sell any Personal Data to other organizations for commercial purposes. If you do not want to receive communications from us in the future, please let us know by sending us an e-mail requesting the same to info@qclose.net or by following the unsubscribe instructions found in any e-mail we send. If you supply us with your postal address, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by contacting us at info@qclose.net. Please note requests to remove your email address from our lists may take some time to fulfill. We may also still contact you as needed to provide important announcements or notifications regarding the Services. Support Information: you may provide information to us via a support request submitted through the Services. We will use this information to assist you with your support request. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for our Service Providers to have access to or use in the future. Form Information: We may use forms to request certain information from you on the Services, such as your contact information to assist with contacts or service requests. This information may include Personal Data. User contributions: You also may provide information to be posted on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. We cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Public information: We may also collect information about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Policy, and may be accessed and collected by us. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services is neither private nor confidential. We are not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it publicly. We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

4. Information collected automatically
We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, browsing and navigation patterns. This information is used to improve our Services. We generally process information collected automatically on the legal basis of our legitimate interests in assessing the use of our Services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing. Information we collect automatically through your use of the Services includes: Internet browser: Your Internet browser automatically transmits certain anonymous information when you use certain Services. As you navigate through our Services, we and our partners who include third-party Service Providers (as defined below) we engage to help provide our Services, may use automated means to collect various types of information about you, your computer or other device used to access our Services. A representative, non-exhaustive list of the types of automatically collected information may include:
⦁ network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Internet Explorer);
⦁ the type of operating system you are using (e.g., Microsoft Windows or Mac OS), the name of your Internet service provider (e.g., Comcast, Verizon or AT&T) and domains used by such providers, mobile network, device identifiers (such as an Apple IDFA or an Android Advertising ID);
⦁ device settings;
⦁ browser settings;
⦁ the web pages of the Services you have visited;
⦁ Services visited before, and after your visit a Service, the type of handheld or mobile device used to view the Service (e.g., iOS, Android); or
⦁ location information, and the content and advertisements you have accessed, seen, forwarded and/or clicked on. We may use this information to customize your experience on our Services. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site may not work without cookies. We, along with our Service Providers, may use and combine such collected anonymous information to provide better service to site visitors, tailor the site based on your preferences, compile and analyze statistics and trends, monitor website activity and performance and otherwise administer and improve the site for your use. However, such information is not combined with your Personal Data collected. Geo-location information: If you are accessing our Services from a mobile device or through a mobile application, you may be asked to share your precise (GPS level) geo-location information with us so we can customize your experience on our Services. Such geolocation information may include physical locations visited (latitude & longitude). If you agree to such collection, in most cases, you will be able to turn off such data collection at any time by accessing the privacy settings of your mobile device and/or through the setting in the applicable mobile application. Information collected by and from social media services and other third-party platforms: Our users can engage in content on or through social media services or other third party platforms, such as Facebook, or other third-party social media plug-ins, integrations and applications. When you engage in our content on or through social media services or other third-party platforms, plug-ins, integrations or applications, you may allow us to have access to certain information in your profile. This may include your:
⦁ name;
⦁ email address;
⦁ photo;
⦁ gender;
⦁ birthday;
⦁ location; and
⦁ ID associated with the applicable third party platform or social media account user files, like photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or "likes." For a description on how social media services and other third-party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms and conditions, which may permit you to modify your privacy settings. When we interact with you through our content on third party websites, applications, integrations or platforms, we may obtain any information regarding your interaction with that content, such as content you have viewed and information about advertisements within the content you have been shown or may have clicked on. Analytics information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Services on your phone. This software may record information such as how often you use the Services, what happens within the Services, aggregated usage, performance data, app errors and debugging information, and where the Services were downloaded from. We do not link the information we store within the analytics software to any Personal Data that you submit within the mobile application. Log file information: When you use our Services, we may receive log file information such as your
⦁ IP address;
⦁ browser type;
⦁ access times;
⦁ domain names operating system;
⦁ the referring web page(s);
⦁ pages visited;
⦁ location;
⦁ your mobile carrier;
⦁ device information (including device and application IDs);
⦁ search terms;
⦁ and cookie information. We receive log file data when you interact with our Services, for example, when you visit our website, sign in to our Services, or interact with our email notifications. We use log file data to provide, understand, and improve our Services, and to customize the content we show you. We may link this log file to other information we collect about you via the Services. Information collected by our desktop applications (Mac, Windows and Linux): We may also collect screenshots, applications currently being worked on, web URLs visited, time you are active, the operating system you are using, whether or not you have an input device such as a monitor, whether your mouse is actively moving or not, the names of projects or tasks being worked on, the amount of time worked on those tasks, the browser version you are using, and whether your keyboard is being typed on. Cookies: We may also capture Personal Data about you automatically through your use of the Services by utilizing background local storage and session storage technologies (“Cookies”) in order to improve the user experience. Cookies are small files or other prices of data which are downloaded or stored on your computer or other device that can be tied to information about your use of our Sites and Services (including certain third party services and features offered as part of our Services). Examples of information of this type are your IP address, the browser you are using, the operating system you are using and the pages on the Sites that you visit. Session cookies are deleted when you close your browser session. More information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such websites as www.allaboutcookies.org. You may change your browser setting to decline the use of Cookies (though this may adversely affect your operation or use of the Sites or Services). Before using QClose HR websites, you are advised to check your current browser settings to ensure that the settings reflect your consent for QClose HR to place cookies on your devices. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your hard drive. If you do not accept or delete our cookies, some areas of our websites may take more time to work, or may not function properly. This Privacy Policy does not cover the use of Cookies by third parties over which we have no control. Information collected by the QClose HR mobile app (iOS and Android): QClose HR uses the GPS device on your phone to store its location and display this on a map at https://qclosehr.com/ and your mobile device. This data is only collected if the mobile app is being used. Your mobile device operating system may provide additional options for you to control the collection and use of this information by the QClose HR mobile app. Other web technologies: Our Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Services. The technologies include web "beacons," "pixel tags," and "clear gifs." These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our websites, and help determine the best use for websites content, and product and service offerings. Some of this information, including the IP address, may be stored on our Service Provider’s server logs, and may be available for extended periods of time. Advertisements: Our display advertising partner, AdRoll, enables us to present you with retargeting advertising on other sites based on your previous interaction with the QClose HR's website. The techniques our partners employ do not collect Personal Data such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll and their partners’ targeted advertising.

5. How QClose HR shares your personal data
We use the information we receive about you for the purposes described in this Privacy Policy. We generally process Personal Data received about you through our Services on the legal basis of our legitimate interests in providing the Services and their functionality to you where such processing is necessary for the purposes of the legitimate interests pursued by us or by our Service Providers related to the Services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing or pursuant to performance of a contract. We will not share, sell, rent, or otherwise disclose your Personal Data to third parties without your consent or another valid legal basis permitted by law. We will share your information in the following circumstances on the legal basis of the legitimate interests of providing the requested Services: Service Providers: We use third parties to support our business and provide services such as receiving, processing and fulfilling orders, encrypting credit card data as a further measure of securing the data, processing credit card payments, processing product reviews, technical support, and providing comparative performance information relative to our site (“Service Providers”). These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf. Information we share to our Service Providers may include both information you provide to us and information we collect about you, including Personal Data and information from data collection tools like cookies, web beacons, and log files. We may disclose the personal data that you have provided to us to Service Providers that we have engaged to perform business-related functions on our behalf, but only:
⦁ to contractors we use to support our business (such as fulfillment services, technical support, delivery services, and financial institutions) or assist in providing the Services, in which case we will require such third parties to agree to treat your personal data in accordance with this policy and use it for the same purposes;
⦁ in connection about the sale, assignment, merger or other transfer of the business of this site to which the information relates, in which case we will require any such buyer to agree to treat your personal data in accordance with this privacy policy and use it for the same purposes; or
⦁ to respond to law enforcement requests or where required by applicable laws, court orders, or government regulations. Business transactions: We may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including Personal Data, may be among assets sold or transferred as part of a Business Transaction. In some cases, we may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enables our organization to develop over the long term. Safety and Lawful Requests: We may be required to disclose Services user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using our name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s or request to disclose your information. Social gatherings: If you are a business or organization that has scheduled a conference, event, or meeting at one of our facilities, we may also share your Personal Data with our event organizers. We also use return e-mail addresses to answer the email we receive from you. Your e-mail address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. We may also use your IP address to help protect QClose HR and our Service Providers from fraud. Employment opportunities: If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified. As part of evaluating talent for potential work and employment, QClose HR may collect certain information about you, including your profile, resume, profile asset, job postings, messages, and other information related to the talent process. Other purposes: QClose HR may also disclose your personal data as is necessary to:
⦁ comply with a subpoena or court order;
⦁ cooperate with law enforcement or other government agencies;
⦁ establish or exercise our legal rights;
⦁ protect the property or safety of our company and employees, contractors, vendors, suppliers, and customers;
⦁ defend against legal claims;
⦁ help with internal and external investigations; or
⦁ as otherwise required by law or permitted by law. We may disclose your information in connection with the sale or merger of QClose HR or any transaction that involves the sale or assignment of some or all of our assets. Aggregated Non-Personal Data: We may disclose aggregated, non-personal data received from providing the Services, including information that does not identify any individual, without restriction. We may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal data is not revealed.

6. Your rights and choices
We seek to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed in this Privacy Policy will apply to each individual data subject and may not apply to you depending upon your jurisdiction. You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal data, you can do so by contacting us at info@qclose.net. Upon request, we will provide you with information about whether we hold any of your personal data. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal data. In certain circumstances, you also have the right to request the deletion of your personal data, and to obtain a copy of your personal data in an easily accessible format. To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:
⦁ the right to access (GDPR, Article 15);
⦁ the right to rectification (GDPR, Article16);
⦁ the right to erasure (GDPR, Article 17);
⦁ the right to restrict processing (GDPR, Articles 18);
⦁ the right of object (GDPR, Article 21);
⦁ the right to data portability (GDPR, Article 20); or
⦁ the right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77). You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request. If we process your information based on our legitimate interests as explained in this policy, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings. Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting us at info@qclose.net. A withdrawal of consent will not affect the validity of our use of your personal data up until the point you have withdrawn your consent. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact us using the information above. If you use QClose HR in your capacity as an employee, your employer has direct access to your data. If you are an independent contractor, the person or entity with whom you contract has direct access to your data. In addition, QClose HR employees may have access to your data for testing or the general improvement of our software, to notify you about changes to our website or any products or services we offer or provide through it, or to fulfill the purpose for which you provided it. See our terms of service at https://qclosehr.com/terms-of-service for additional information in this regard. Access to the information we have collected about you: We provide certain tools and settings within the Services to help you access, correct, delete, or modify your personal data associated with the Services. You may also contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Services uses of your information, or to withdraw any consent you may have granted to us. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the services may no longer be available to you. Data retention: We will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as an account is active or as needed to provide the Services to you. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods. We may delete your personal data from our systems as part of a data retention plan. Following termination or deactivation of a Services Account, we may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes. Opting-out of communications from us: Users may opt-out of receiving certain communications from us by following the unsubscribe process described in email communication, or by contacting us using the contact information provided above. However, please note you may not opt-out of certain Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices. Do Not Track: We do not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including personal data, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your Internet browser.

7. Data security
The security of your personal data is important to us. We take reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. We implement security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, we cannot guarantee the security of our systems or databases, nor can we guarantee that personal data we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk. Please do your part to help us keep your information secure. Services Account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. You are responsible for maintaining the confidentiality of your password and Services Account, and are fully responsible for all activities that occur under your password or Services Account. We specifically reserve the right to terminate your access to the Services and any contract you have with us related to the Services in the event it learns or suspects you have disclosed your Services Account or password information to an unauthorized third party. We make reasonable efforts to ensure that our other Service Providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal data, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Service Providers who perform legitimate business functions for QClose HR are authorized to access your personal data. Notwithstanding our efforts, the Internet has inherent security risks. QClose HR cannot promise, and you should not expect, that your personal data, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal data or any username or password that you are required to use to access services on our websites.

8. Data Protection Responsibilities
Where you act for a company processing Personal Data, or where you provide us the Personal Data of individuals, you are acting as a data controller, and QClose HR is the data processor. As a data controller, you are responsible for protecting the Personal Data you process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use Personal Data. Data controllers are also responsible for protecting Personal Data they provide to their data processors and must have a written agreement in place governing the details of the processing. QClose HR’s Data Processing Agreement is available at this link.

9. Data integrity
QClose HR will only process personal data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, QClose HR will take reasonable steps to ensure that personal data is accurate, complete, current and reliable for its intended use. QClose HR Operates from the United Kingdom: The United Kingdom, United States, European Economic Area (“EEA”) Member States, and other countries all have different laws relating to privacy and data protection. When your information is moved from your home country to another country, the laws and rules that protect your personal data in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal data may vary from country to country. In particular, if your information is in the United Kingdom, it may be accessed by government authorities in accordance with U.K. law. Please be advised information we collect about you via the Services may be transferred, processed and/or accessed by us in the United Kingdom, or another country where we, or our Service Providers operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal data, may differ from those that apply in the country in which you reside. If you are located outside the United Kingdom and choose to allow us to collect information about you, please be aware that we may transfer your personal data to the United Kingdom and process and store it there. We will transfer personal data only to those countries to which we are permitted by law to transfer personal data, and we will take steps to ensure that your personal data continues to enjoy appropriate protections. EU-U.S. and Swiss-US Privacy Shield: NOTE: Though Privacy Shield has been declared “invalid” by the Court of Justice of the European Union in the Schrems II case, QClose HR maintains its certifications and continues to meet its obligations under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks. QClose HR utilizes the EU’s Standard Contractual Clauses (“SCCs”) as an alternate legal transfer basis to Privacy Shield. QClose HR’s our Data Processing Agreement (DPA) incorporates the SCCs and is incorporated by reference into, and made a binding part of our Terms of Service and Agreement (as defined in our Terms of Service) with QClose HR users. Please see https://qclosehr.com/privacy-policy for more information. QClose HR complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union member countries (and Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. QClose HR has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Privacy Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, QClose HR is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission. Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to you in the United States. Upon request, we will provide you with access to the Personal Data that we hold about you. You may also correct, amend, or delete the Personal Data we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to info@qclose.net. If requested to remove data, we will respond within a reasonable timeframe. We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Data, In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. QClose HR’s accountability for Personal Data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, QClose HR remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the Personal Data on its behalf do so in a manner inconsistent with the Principles, unless QClose HR proves that it is not responsible for the event giving rise to the damage. In compliance with the Privacy Shield Principles, QClose HR commits to resolve complaints about your privacy and our collection or use of your Personal Data transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact QClose HR by email at info@qclose.net. QClose HR has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you. If your complaint involves human resources data transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, and QClose HR does not address it satisfactorily, QClose HR commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD. If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield.

10. Your California privacy rights
QClose HR is not currently directly subject to the California Consumer Privacy Act of 2018 (“CCPA”). However, we strive to act consistently with the intent of the CCPA. Each capitalized term used, but not defined, in this section shall have the meaning given to such term in the CCPA or the Agreement. “Personal Information” includes Personal Data as defined in other sections of this Privacy Policy. Consistent with the principles of the CCPA, if you are a resident of California, you may access the Personal Information we hold about you, ask that your Personal Information be corrected, updated, ported, or erased, and opt out of the further sale of your Personal Information (collectively, “Requests”). If you would like to make one of these Requests, follow the procedure described in the “Making Access, Data Portability, Correction, and Deletion Requests” section below. If you would like to designate an authorized agent to submit these Requests on your behalf, please contact us through the means indicated at the end of this Policy. Access to Specific Information Requests: you may request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:
⦁ The categories of Personal Information we collected about you;
⦁ The categories of sources for the Personal Information we collected about you;
⦁ Our business or commercial purpose for collecting, sharing, or selling that Personal Information;
⦁ The categories of third parties with whom we share that Personal Information;
⦁ The specific pieces of Personal Information we collected about you (also called a data portability request) and provide a copy to you in an electronic or paper format; and
⦁ The categories of Personal Information, if any, we disclosed for a business purpose to a third party. Deletion Request: you may request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable Consumer request from you, we will delete (and direct our Contractors and Service Providers to delete) your Personal Information from our (and their) records, unless an exception applies (as described below). As described in the CCPA we may delete your Personal Information by (a) permanently and completely erasing the Personal Information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Information; or, (c) aggregating the Personal Information. We may deny your deletion request for any reason including if retaining the information is necessary for us or one of our Contractors or Service Providers to:
⦁ Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
⦁ Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
⦁ Debug products to identify and repair errors that impair existing intended functionality;
⦁ Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
⦁ Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
⦁ Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
⦁ Comply with a legal, regulatory or law enforcement obligation; or
⦁ Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Making Access, Data Portability, Correction, and Deletion Requests: To make an access, data portability, or deletion request, please submit a verifiable Consumer Request by contacting us using the contact information at the end of this Policy. Only you, an authorized agent, or an entity registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer Request related to your Personal Information. You may only make a verifiable Consumer Request for access or data portability twice within a 12-month period. To be verifiable, the Consumer Request must:
⦁ Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person and
⦁ Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your Request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you. Making a verifiable Consumer Request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer Request to verify the requestor's identity or authority to make the Request. Upon receiving a Request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above). We endeavor to confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer Request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing. We will deliver our written response via email to the email address associated with you or, if we are unable to determine your email address, via mail, if you provided that information to us. Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer Request receipt. If applicable our response to your Request will explain any reason we cannot comply with the Request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that your Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your Request. Non-Discrimination: We will not discriminate against you simply for making a Request pursuant to this section of the Policy.

11. Children and data collection
QClose HR’s websites are general audience websites. The Services are not directed toward children who are under the age of 18. You may not use the Services if you are under the age of 18. If you are under the age of 18, you should not provide any information on our Services. We do not knowingly collect Personal Data from children or minors. If QClose HR or its Service Providers become aware that a child or minor has provided us with Personal Data without parental consent, that information may be deleted from our databases. If you have questions about Personal Data that may have been submitted by a child, please email us at info@qclose.net.

12. Enforcement
QClose HR uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the EU and Swiss privacy principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints or disputes regarding the use and disclosure of Personal Data in accordance with the principles. If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using (an independent resourced mechanism) as a third party resolution provider.

13. Change to Policy
QClose HR may update this Privacy Policy from time to time, and you should take the time to review it each time that you visit one of our Services. The most current version of this Privacy Policy will govern our use of your information and will be located at https://qclosehr.com/privacy-policy. You may contact us to obtain prior versions. We will notify you of material changes to this Privacy Policy by posting a notice at the Services or by emailing you notifying you of the changes.