1. About This Privacy Policy; Eligibility to Use the Service; Arbitration.

1.1 General. This Privacy Policy describes how Protoqual Learning Systems, LLC (referred to as “we”, “our”, “us”) collects, uses, and stores your information. This Privacy Policy, together with our General Terms of Use (“Terms of Use”) and, if you are a registered user as part of an organization, the service agreement between us and your organization (the “Service Agreement”) separately agreed and incorporating this policy, establishes the legal terms and conditions of the agreement between us governing the submission of information and our use of it in providing the Services. By using our website or registering as a registered user, you agree to be bound by this policy and to allow the uses of your information set forth in this policy. We will indicate within the registration processes of our products and services and other registration forms what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Protoqual is able to provide to you.

1.2 Only Adults Resident in the United States Are Eligible to Use The Services. You may not use the Services unless you are an adult resident of the United States of America and access the Services in the United States of America. Without limiting the foregoing, we do not engage in any processing activities that are related to the offering of goods or services to data subjects residing in the European Union. Accordingly, the Services are not available to any person resident in the European Union or any person accessing it under the jurisdiction of the European Union.

1.3 Arbitration. IMPORTANT: BY REGISTERING AS A USER, YOU ARE AGREEING TO MANDATORY ARBITRATION OF ANY DISPUTES UNDER THE TERMS OF THE TERMS OF USE AND ANY SERVICE AGREEMENT BETWEEN US AND THE ORGANIZATION WHICH HAS ALLOWED YOU TO REGISTER. THIS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY REGISTERING AS A USER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. For more details, contact the organization that has allowed you to register as a user.

2. Information We Collect. We collect information about you in three ways: directly from your input, from third-party sources, and through automated technologies.
2.1 Data You Provide to Us. The types of personal information that we collect directly from you depends on how you interact with us and the Services, which may include:
(a) Contact details, such as your name, email address, postal address, social media handle, and phone number;
(b) Account login credentials, such as usernames and passwords and similar security information;
(c) Other account registration and profile information, such as job title, educational and professional background and qualifications, and photo;
(d) Payment information, such as a credit or debit card number;
(e) Content contributed by Users to Services or created by Users through Services;
(f) Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; and
(g) Interests and communication preferences, including preferred language.

2.2 Data From Your Organization. If you are a registered user as part of an organization, we may obtain personal information about you from the organization with which you are employed or affiliated in order to activate and manage your access to and use of the organization’s subscription to the Services, including:
(a) Contact details, such as your name and organizational email address, postal address, and phone number;
(b) Other account registration information such as job title; and
(c) Organizational user ID.

2.3 Data From Other Sources. We also may obtain contact details and other information about you from our affiliates and from other third parties, including:
(a) Social networks when you grant us permission to access your data on one or more networks;
(b) Service providers that help us determine a location in order to customize the Services or certain products to your location;
(c) Businesses with which we offer co-branded services or engage in joint marketing activities; and
(d) Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

2.4 Data From Service Use, Including Cookies. The Services may automatically collect information about how you and your device interact with the Services, including:
(a) Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
(b) Usage data, such as the features and resources you used (including time stamp and other behavioral data with respect to your usage), the settings you selected and your URL click stream data;
(c) For educational Services, the course modules and test questions you view, answer or complete; and
(d) For location-aware Services, the region, city or town where your device is located or where your organization is located in order to provide you with more relevant content for where you are in the world.
We collect this data through our servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. We may use cookies and other technologies to store your preferences and settings, help you with signing in, provide targeted ads and analyze site operations. You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of the Services.

3. How We Use Your Information. Depending on how you interact with us and the Services, we use your personal information to:

(a) Provide, activate and manage your access to and use of the Services;
(b) Process and fulfil a request, order, download, subscription or other transaction;
(c) Provide technical, product and other support and to help keep the Services working, safe and secure;
(d) Enhance and improve the Services and our other products and services and to develop new products, services and benefits;
(e) Offer you customized content and other personalization to make the Services more relevant to your interests and geography;
(f) Respond to your requests, inquiries, comments and concerns;
(g) Notify you about changes, updates and other announcements related to the Services and our other products and services;
(h) Deliver targeted advertisements, promotional messages, notices and other information related to the Services and your interests;
(i) Provide you with promotional messages and other information about products and services of ours, our affiliates and third parties;
(j) Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;
(k) Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a Service Agreement; and
(l) Comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an administrator of an Organizational Customer, we will use your details to communicate with you about Organizational Customer’s subscription and related services. If you supply us contact information of your colleagues, we may contact those individuals with communications about the Services that may include reference to you. In all circumstances, we may perform the functions described above directly or use a third-party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us and only in conformance with this Privacy Policy

4. Sharing of Your Information.

4.1 Your Organization. If you access the Services through a subscription administered by an Organizational Customer, your personal information and certain usage data gathered through the Services may be accessed by or shared with the administrators authorized by the Organizational Customer for the purposes of usage analysis, subscription management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.

4.2 Application Licensor. If you access a third-party application on the Services through a license agreement with the licensor of that application, personal information relevant that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

4.3 The Service Providers. Dependent on the services provided, we share information with our service providers, suppliers, agents and representatives, including payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents, to process the information as necessary to provide the Services, complete a transaction or fulfil your request or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

4.4 Social Media. The Services may include, from time to time, social media features, such as Facebook, Instagram and Twitter buttons and widgets, such as “share” buttons or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may store information to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Services.

4.5 Your Choices. We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings. The Services may let you post and share personal information, comments, materials and other content. Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.

4.6 Other Information. Automatically collected non-personally identifiable information may be aggregated and disclosed without restriction. We may aggregate your information with that of other users for any purpose, including analyzing and improving our services to all Users and we may share that aggregate information publicly, including to show trends about the general use of the Services with the press, in our marketing materials or with our business partners, so long as we do not in the process disclose to any third parties any of your personally identifiable information in a manner that is readily personally identifiable to you. We may collate or connect non-personally identifiable information with your personal information, in which case the resulting personally identifiable information will be treated as personal information.

4.7 For Legal Reasons. We also will disclose your personal information if (a) we have a good faith belief that such disclosure is necessary to meet any applicable Legal Requirement, detect, investigate and help prevent security, fraud or technical issues, or protect the rights, property or safety of Protoqual, our users, employees or others; and (b) as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.

5. Data Retention. We retain your personal information for as long as necessary to provide the Services and fulfil the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Services through a subscription administered or sponsored by an Organizational Customer, we retain your organizational contact details after the termination of the Organizational Customer’s subscription to continue to communicate with you and we may retain your personal information as part of the Organizational Customer’s account, even after your association with the Organizational Customer has terminated. Information stored in routine backups may also be retained for the period those backups are retained in the ordinary course of business.

6. Locations of Processing. Your personal information may be stored and processed outside of your jurisdiction of residence.

7. Data Security. We use reasonable methods, consistent with industry practices, to protect the confidentiality of your information, including administrative, physical and technical methods. Information you submit to or receive from our Services is sent using an encrypted TLS (SSL) connection. No method of transmission over the internet is completely secure and no method of protecting information is completely secure. Therefore we cannot and do not guarantee the security of your information.

8. Children’s Privacy. We do not knowingly collect information from children under the age of 18 or target the Services to children under 18. If you are under 18 years of age and reside in California, you have the right to request and obtain removal of, content or information posted on our website by you. To do so, contact us at help@quiqnote.com. The removal described under this Section 8 does not ensure complete or comprehensive removal of the content or information posted on the Services by you. If you believe we might have any information from or about a child under 18, please contact us at help@quiqnote.com.

9. Your Communications Preferences. When you register as a User, you consent to receive email messages from us. You may modify this consent later by visiting [THE SETTINGS PAGE – VERIFY] in the application while logged in. At any time you can choose to no longer receive commercial or promotional emails from us by following the instructions at help.quiqnote.com. You also will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you transactional and relationship emails, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from us. If we have already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
10. Accessing and Updating Your User Information. The Services may allow registered users to directly access and review their account information and make corrections or updates on login at any time. Keeping such information up to date is the responsibility of the user. Registered users may also close their account directly through the Services or by contacting customer support, subject to any requirements of the organizational customer under which the user has registered for an account.

11. Changes. We will update this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date. If we make any material changes, we will provide notice through the Services or by other means and, where required by applicable Legal Requirement, seek your consent.

12. Contact. Under California Civil Code Section 1789.3, Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us as follows: Protoqual Learning Systems, LLC, 100 N Arlington Ave, Suite 350D, Reno NV 89501 or legal@protoqual.com.

Last updated: July 12, 2022