Terms of Service
Thank you for using Qvest. These Terms of Service contain the terms under which Qvest provides their Services to you and describe how the Services may be accessed and used.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1. Fees for Services.
You agree to pay to Qvest any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Qvest of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating, e.g. annual or monthly Subscription. No refunds will be issued for the remaining Subscription period.
Unless otherwise stated, you are responsible for any taxes (other than Qvest’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Qvest for the Services without any reduction for Taxes. If Qvest is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Qvest with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Qvest will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Qvest for business reasons, and are located in a different European Union member state from Qvest. We are in Denmark.
1.4. Price Changes.
Qvest may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Qvest will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.5. Overage Fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
Qvest will store and process your Content in a manner consistent with industry security standards. Qvest has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
3. Your Content
3.1. You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. Qvest does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content.
You grant Qvest a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Qvest privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Qvest’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Qvest with feedback about the Services, we may use your feedback without any obligation to you.
4. Qvest IP
4.1. Qvest IP.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Terms do not grant you any right to use Qvest’s trademarks or other brand elements.
5. User Content
5.1. Content Review.
You acknowledge that, in order to ensure compliance with legal obligations, Qvest may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Qvest otherwise has no obligation to monitor or review any content submitted to the Services.
5.2. Third Party Resources.
Qvest may publish links in its Services to internet websites maintained by third parties. Qvest does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
6. Account Management
6.1. Keep Your Password Secure.
If you have been issued an account by Qvest in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Qvest, are responsible for any activity occurring in your account (other than activity that Qvest is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Qvest immediately. User accounts are personal and may not be shared.
6.2. Keep Your Details Accurate.
Qvest occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Qvest will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity.
Qvest may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
6.5. Customer Success.
Qvest may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
7. User Requirements
7.1. Legal Status.
If you are an individual, you may only use the Services if you have the power to form a contract with Qvest. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
“Minors” are individuals under the age of 16 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
8. Acceptable Uses
8.1. Legal Compliance.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
8.2. Your Responsibilities.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
(c) You may not circumvent or attempt to circumvent any limitations that Qvest imposes on your account (such as by opening up a new account to conduct a Qvest that we have closed for a Terms violation).
(d) Unless authorized by Qvest in writing, you may not probe, scan, or test the vulnerability of any Qvest system or network.
(e) Unless authorized by Qvest in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Qvest will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Qvest.
(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(j) Unless authorized by Qvest in writing, you may not resell or lease the Services.
(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Qvest has agreed with you otherwise. You may not use the Services in a way that would subject Qvest to those industry-specific regulations without obtaining Qvest’s prior written agreement.
(l) You may not register accounts by “bots” or other automated methods.
9. Suspension and Termination of Services
9.1. By You.
You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one, subject to Clause 1.3 above. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
9.2. By Qvest.
Qvest may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Qvest may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Qvest may suspend performance or terminate your Subscription with immediate effect for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Qvest has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Qvest may limit, suspend, or terminate the Services to you with immediate effect: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Qvest may decide that we need to take immediate action without notice. Qvest will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Qvest has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures.
If Qvest stops providing the Services to you because you repeatedly or egregiously breach these Terms, Qvest may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
10.1. Changes to Terms.
Qvest may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Qvest website. If an amendment is material, as determined in Qvest’s sole discretion, Qvest will notify you by email. Notice of amendments may also be posted to Qvest’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Qvest to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services.
Qvest constantly changes and improves the Services. Qvest may add, alter, or remove functionality from a Service at any time without prior notice. Qvest may also limit, suspend, or discontinue a Service at its discretion. If Qvest discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Qvest may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
11. Disclaimers and Limitations of Liability
While it is in Qvest’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Qvest DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, QVEST, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF QVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF QVEST, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO Qvest FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
If you are a business, you will indemnify and hold harmless Qvest and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
12. Contracting Entity
12.1. Who you are contracting with.
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Qvest.io ApS.
For any Service provided by Qvest, the following provisions will apply to any terms governing that Service:
- Contracting Entity. References to “Qvest”, “we”, “us”, and “our” are references to Qvest.io ApS, business reg. no. 39057573, located at Kuglegårdsvej 17, 2. floor, 1436 København, Denmark
- Governing Law. Those terms are governed by the laws of Denmark (without regard to its conflict of laws provisions).
- Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the Danish courts with respect to the subject matter of those terms.
13. Other Terms
You may not assign these Terms without Qvest’s prior written consent, which may be withheld in Qvest’s sole discretion. Qvest may assign these Terms at any time without notice to you.
13.2. Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and Qvest, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
13.3. Independent Contractors.
The relationship between you and Qvest is that of independent contractors, and not legal partners, employees, or agents of each other.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
13.5. No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this Terms of Service with respect to the Services to which the Additional Terms apply.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
13.8. Third Party Beneficiaries.
2. Information we collect
2.1. Who are “you”?
You hold a Qvest account and you either directly create QvestS or you are collaborating on QvestS within an account.
You have received a Qvest by email and you are included in a group of participants in a Qvest.
You are visiting one of our websites because you are curious about Qvest.
2.2 Information we collect about you.
Contact Information (for example an email address)
You might provide us with your contact information, whether through use of our services, a form on our website, an interaction with our sales or customer support team.
We collect usage information about you whenever you interact with our websites and services. This includes which webpages you visit, what you click on, when you perform those actions, what language preference you have, and so on.
Device and browser data
We collect information from the device and application you use to access our services. Device data mainly means your IP address, operating system version, device type, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
Information from page tags
We use third party tracking services that employ cookies and page tags to collect data about visitors to our websites. This data includes usage and user statistics. Emails sent by Qvest or by users through our services include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies below.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
- If you arrive at a Qvest website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
- Information from third parties and integration partners.
- We collect your personal information or data from third parties if you give permission to those third parties to share your information with us or where you have made that information publicly available online.
If you are an Admin User we will also collect
- Registration information.
- You need a Qvest account before you can use Qvest services. When you register for an account, we collect your first and last name, username, password and email address.
If you make a payment to Qvest, we require you to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder to determine which Qvest entity with whom you contract.
Use of some of our services will also result in us collecting the following data on your behalf
- We allow you to import email addresses so you can easily include people in your Qvest. We don’t use these email addresses for our own purposes or email them except at your direction.
- We store your Qvest data (questions and responses) for you and provide analysis tools for you to use with respect to this data.
- Profile data.
- When you sign up for our services you may be asked to provide us with information about yourself and to give us more detailed insights into who you are.
3. Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.
4. Information we share: Partners and Integrations
We do not share your information or data with third parties outside Qvest except in the following limited circumstances:
- If you are an Admin User that is part of a team using Qvest your account information and data will be shared with the primary administrator(s) and your Qvest data may also be visible to other members in your team with whom you share your Qvests or with whom you collaborate.
- To help us provide certain aspects of our services we use our affiliates and trusted key partners – in particular, we engage third parties to:
- facilitate our email collectors for sending Qvests by email to participants.
- facilitate customers in making credit card payments.
- deliver and help us track our marketing and advertising content.
- help us track website conversion success metrics.
- manage our sales and customer support services to you.
We enter into confidentiality and data processing terms with partners to ensure they comply with high levels of confidentiality and best practice in privacy and security standards and we regularly review these standards and practices.
- On your instructions, we share your information or data if you choose to use an integration in conjunction with Qvest services, to the extent necessary to facilitate that use.
- We also have to share information or data in order to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable policies, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of our users, the public or to Qvest and/or as required or permitted by law.
- To gather metrics about your Qvest experience.
For example, we will collect data about the number of clicks it took Participants to ask a question, whether they left and returned to a Qvest, and other details about the Services. However, this information is collated and kept at an aggregated and anonymized level only.
- To make our site easier to use.
Creators if you use the “Remember me” feature when you sign into your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to Qvest.
- For security reasons.
- To provide you with personalized content.
We store user preferences, your default language, device and browser information, your profile information which includes, the level of usage of service and the web-pages on our site which you visit, so we can personalize the content you see.
- To improve our services.
In addition to the above, we have implemented on our websites and other services certain Facebook marketing tracking, LinkedIn marketing tracking and Google Analytics tracking features that support Display Advertising, including re-targeting.
You can choose to remove or disable cookies via your browser settings.
6. Data Retention
If you hold an account with Qvest we do not delete the data in your account – you are responsible for and control the time periods for which you retain this data. There are controls in your account where you can delete data at the account level (all data in your account) and at the response level. If you are a Participant, you will need to ask the Admin User how long your responses will be stored in Qvest services.
7. Safety of Minors
Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of 16 (or under a higher age if permitted by the laws of their residence). Qvest does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.
9. Personalized marketing
You can opt-out from direct marketing in your account and we provide opt-out options in all direct marketing emails. Finally, if you do not wish to see personalized marketing content on the web related to our service you can clear the cookies in your browser settings.
10. Your rights
Some of you (in particular, European users and those whose information we receive under the EU-U.S. Privacy Shield) have certain legal rights to obtain information about whether we hold personal information about them, to access personal information we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request).
Rights which you are entitled to are:
- Data access rights
- Right to restrict processing
- Right of Rectification
- Right to Erasure (Right to be Forgotten)
- Right to object to processing
- Right to withdraw consent; and
- Data portability rights
If you are a customer located in the European Union, we provide a list of sub-processors who assist Qvest in the provision of the services:
- Google Cloud
(Last updated: 2019-10-11)
11. Exercising your rights
Our Contact Information for Privacy Inquiries
Kuglegårdsvej 17, 2. floor
+45 4087 8729
Qvest Data Processing Agreement
GDPR Terms for Customers in Europe
EU 2.1 Effective Date and Definitions.
These additional terms apply to you as a customer of Qvest operating as a “data controller” (as that term is defined in the GDPR) in your use of the Services.
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
EU 2.2 Processing Instruction.
By requesting the Services and agreeing to these Terms and the Qvest privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.
EU 2.3 Customer Obligations.
You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Qvest so that Qvest may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by Qvest in the provision of the Services.
EU 2.4 Qvest Obligations.
Where Qvest is processing personal data on your behalf, it will:
(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Qvest privacy policies constitute such documented instructions;
(b) ensure that all Qvest personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Qvest and is not otherwise available to you through your account and user areas or on Qvest websites, provided that you provide Qvest with at least 14 days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
EU 2.5 Qvest sub-processors.
Qvest uses trusted partners in facilitating certain elements of our Services (“sub-processors”). By agreeing to these Terms, you provide a general authorization to Qvest to engage onward sub-processors, subject to compliance with the requirements set out here. This is the current list of sub-processors who handle personal data for Qvest:
- Google Cloud
(Last updated: 2019-10-11)
When we make changes to sub-processors, we will update this list. If you object to a particular sub-processor, who we cannot disassociate from your Services, your sole remedy will be to terminate your subscription relating to the Services that cannot be reasonably provided without the objected-to new sub-processor. Such termination will be without a right of refund for any fees prepaid by you for the period following termination.
EU 2.6 Liability.
Qvest will be liable for the acts and omissions of its sub-processors to the same extent Qvest would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms and Qvest ensures that all sub-processors on the sub-processor list are bound by contractual terms that are in all material respects no less onerous than those contained in these Terms.
EU 2.7 Security Measures.
Qvest has, taking into account the state of the art, cost of implementation and the nature, scope, context and purposes of the Services and the level of risk, implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data. At reasonable intervals, Qvest tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.
EU 2.8 Security Incident.
If Qvest becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), Qvest will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Qvest will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Qvest.
EU 2.9 Audits.
You will allow one month for Qvest to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of Qvest (“Auditor”). You will only be entitled to conduct an audit once per year (during the course of a 12 month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and Qvest will, in advance of any such audits, agree upon a reasonable reimbursement rate for Qvest’s audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Services to vary this format for audit):
(a) Qvest agrees, subject to any appropriate and reasonable confidentiality restrictions, to provide evidence of any certifications and compliance standards it maintains and will, on request, make available to you an executive summary of Qvest’s (or Qvest affiliate’s) most recent penetration tests, which summary shall include remedial actions taken by Qvest resulting from such penetration tests.
(b) The scope of the certifications and penetration tests provided will be limited to Qvest systems, processes, and documentation relevant to the processing and protection of personal data undertaken for the Services obtained by you, and Auditor will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by Qvest.
(c) You will promptly notify and provide Qvest with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit.
The parties agree that, except as otherwise required by order or other binding decree of a regulator with authority over you, this section sets out the entire scope of your audit rights as against Qvest.
EU 2.10 International Transfer.
To the extent applicable, Qvest relies upon standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States, or countries that do not have adequate levels of data protection as determined by the European Commission. To the extent applicable, you appoint Qvest as your agent for purposes of entering into any standard contractual clauses for such purposes on your behalf under these Terms. If you hold a qualifying account and are availing of the Qvest Data Processing Agreement with standard contractual clauses, the terms set out in that Data Processing Agreement with standard contractual clauses are supplementary to these Terms and, where there is a conflict between the terms of that Data Processing Agreement with standard contractual clauses and these Terms, the terms of the Data Processing Agreement with standard contractual clauses will prevail.
EU 2.11 Liability for Data Processing.
The parties’ respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this Section EU2 shall be as set out in these terms, unless otherwise agreed in writing.