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TERMS AND 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:

1. name of the user;
2. phone numbers;
3. email addresses;
4. company name.

 

In the platform (Qnary Clients):

1. name of the client;
2. user name or nickname from social media accounts;
3. photo from social media accounts;
4. gender;
5. date of birth;
6. phone numbers and email contact addresses;
7. primary email address associated with the authorized social media accounts;
8. company name;
9. job titles;
10. contact preferences;
11. billing addresses;
12. headline profile URL;
13. public profile URL;
14. users connections’ data (e.g. language, number of sessions, session duration, device information, geography/region, operating systems, networks access permissions);
15. user’s & user’s organization’s posts, comments, reactions, and other engagement data from their social networks;
16. social media engagement data;
17. 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/.

 

(C) Information collected from other public and accessibles sources:

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:

 

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

 

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

 

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

 

1. 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:

LinkedIn | Twitter | Facebook | Instagram | About.me | Crunchbase | Angel.co | YouTube | Medium.com

 

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.

 

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google LLC)

Google Analytics is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.

Heap Analytics (Heap Inc.)

Heap Analytics is an analytics service provided by Heap Inc.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

 

Content commenting

Content commenting services allow Users to make and publish their comments on the contents of this Application.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when Users do not use the content commenting service.

Disqus (Disqus)

Disqus is a content commenting service provided by Big Heads Labs Inc.

Personal Data processed: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy – Opt out.

 

Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Google Maps widget (Google LLC)

Google Maps is a maps visualization service provided by Google LLC that allows this Application to incorporate content of this kind on its pages.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

YouTube video widget (Google LLC)

YouTube is a video content visualization service provided by Google LLC that allows this Application to incorporate content of this kind on its pages.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

 

Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Amazon Web Services (AWS) (Amazon Web Services, Inc.)

Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Google Cloud Storage (Google LLC)

Google Cloud Storage is a hosting service provided by Google LLC.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Firebase Cloud Functions (Google LLC)

Firebase Cloud Functions is a hosting and backend service provided by Google LLC.

Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Firebase Realtime Database (Google LLC)

Firebase Realtime Database is a hosting and backend service provided by Google LLC.

Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

 

Interaction with external social networks and platforms

 

This type of service allows interaction with social networks or other external platforms directly from the pages of this Application.

The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.

This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

It is recommended to log out from the respective services in order to make sure that the processed data on this Application isn’t being connected back to the User’s profile.

Twitter Tweet button and social widgets (Twitter, Inc.)

The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.

Personal Data processed: Cookies; Usage Data.

Place of processing: US – Privacy Policy.

 

Managing data collection and online surveys

This type of service allows this Application to manage the creation, deployment, administration, distribution and analysis of online forms and surveys in order to collect, save and reuse Data from any responding Users.
The Personal Data collected depend on the information asked and provided by the Users in the corresponding online form.

These services may be integrated with a wide range of third-party services to enable the Owner to take subsequent steps with the Data processed – e.g. managing contacts, sending messages, analytics, advertising and payment processing.

SurveyMonkey (SurveyMonkey Inc.)

SurveyMonkey is a survey builder and data collection platform provided by SurveyMonkey Inc.

Personal Data processed: Data communicated while using the service.

Place of processing: United States – Privacy Policy.

 

Platform services and hosting

These services have the purpose of hosting and running key components of this Application, therefore allowing the provision of this Application from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data.
Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Squarespace (Squarespace, Inc)

Squarespace is a platform provided by Squarespace, Inc. that allows the Owner to build, run and host this Application. Squarespace is highly customizable and can host websites from simple blogs to complex e-commerce platforms.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

 

Registration and authentication

By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Google OAuth (Google LLC)

Google OAuth is a registration and authentication service provided by Google LLC and is connected to the Google network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Linkedin OAuth (LinkedIn Corporation)

Linkedin Oauth is a registration and authentication service provided by Linkedin Corporation and is connected to the Linkedin social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Twitter OAuth (Twitter, Inc.)

Twitter Oauth is a registration and authentication service provided by Twitter, Inc. and is connected to the Twitter social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

YouTube OAuth (Google LLC)

YouTube OAuth is a registration and authentication service provided by Google LLC and is connected to the YouTube network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Facebook Authentication (Facebook, Inc.)

Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Instagram Authentication (Instagram, Inc.)

Instagram Authentication is a registration and authentication service provided by Instagram, Inc. and is connected to the Instagram social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

 

4.- Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to Qnary are non-confidential and shall become Qnary’s property. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

5.- Intellectual Property Rights

Unless otherwise indicated, the Site is Qnary property and all source code, databases, functionality, software, website/app designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Qnary reserves all rights not expressly granted to you in and to the Site, the Content and the Marks.

6.- App users

Qnary makes available to you the Qnary App, in order to manage efficiently the Content of the Social Networks, including:

• Personalized content delivered to the app to approve, reject, edit and comment on;
• Hyper-curated feed of relevant news/industry published content;
• Reporting to track audience growth and engagement; and
• Notifications via app and email alerting to new content to review and other important updates in real time.

 

User data

Qnary will maintain certain data that you transmit to the app for the purpose of managing the performance of the app, as well as data relating to your use of the app. Although Qnary performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the app. You agree that Qnary shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

App users representations

By using the app, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the app; (3) you will not access the app through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the app for any illegal or unauthorized purpose; and (5) your use of the app will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, Qnary has the right to suspend or terminate your account and refuse any and all current or future use of the app (or any portion thereof).

 

User generated contributions

Qnary may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the app, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the app and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the app Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
   2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the app, and other users of the app to use your Contributions in any manner contemplated by the app and these Terms of Use.
   3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the app and these Terms of Use.
   4.  Your Contributions are not false, inaccurate, or misleading.
   5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
   6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
   7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
   8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
   9.  Your Contributions do not violate any applicable law, regulation, or rule.
   10.  Your Contributions do not violate the privacy or publicity rights of any third party.
   11.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
   12.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
   13.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the app in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the app.

 

Contribution license

You agree that Qnary may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the app, you agree that Qnary can use and share such feedback for any purpose without compensation to you.

 

Qnary does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Qnary  is not liable for any statements or representations in your Contributions provided by you in any area on the app. You are solely responsible for your Contributions to the app and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

Mobile application license

Use license: If you access the Site via a mobile application, then Qnary grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile app on wireless electronic devices owned or controlled by you, and to access and use the mobile app on such devices strictly in accordance with the terms and conditions of this mobile app license contained in these Terms of Use. You shall not:

 

(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the app;

 

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the app;

 

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the app;

 

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the app;

 

(5) use the app for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

 

(6) make the app available over a network or other environment permitting access or use by multiple devices or users at the same time;

 

(7) use the app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the app;

 

(8) use the app to send automated queries to any website or to send any unsolicited commercial e-mail; or

 

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the app.

 

Apple and Android Devices: The following terms apply when you use a mobile app obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

 

(1) the license granted to you for our mobile app is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

 

(2) Qnary is responsible for providing any maintenance and support services with respect to the mobile app as specified in the terms and conditions of this mobile app license or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile app;

 

(3) in the event of any failure of the mobile app to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile app;

 

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

 

(5) you must comply with applicable third-party terms of agreement when using the mobile app, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile app; and

 

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile app license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile app license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

7.- Prohibited activities

You may not access or use the Site for any purpose other than that for which Qnary makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
2. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
3. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
4. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
5. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
6. Use a buying agent or purchasing agent to make purchases on the Site.

 

8.- Modifications, corrections and interruptions

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Qnary reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Qnary reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, Qnary has no obligation to update any information on our Site. Qnary also reserves the right to modify or discontinue all or part of the Site without notice at any time. Qnary will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

Qnary cannot guarantee the Site will be available at all times. Qnary may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. Qnary reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that Qnary has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

9.- Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QNARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QNARY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND QNARY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. QNARY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QNARY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Indemnification

You agree to defend, indemnify, and hold Qnary harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site or the app; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or app with whom you connected via the Site or app. Notwithstanding the foregoing, Qnary reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Qnary will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

10.- Limitations of liability

IN NO EVENT WILL QNARY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF QNARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

11.- Governing Law

These Terms of Use and your use of the Site or the app are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

 

12.- Dispute resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York City, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York City, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

 

13.- Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

Qnary LLC

256 W 36th St, New York, NY 10018, USA

New York, NY 10018

United States

Phone: (+1)8664992946

info@qnary.com