Queue Management Terms of Use

Agreement to be Bound

These Terms of Use, as amended from time to time, apply to your access to and use of the Queue Management application (“Queue Management”); Queue Management is operated by the Operator you are attempting to engage with (“Operator”) with technical functionality provided by iQmetrix USA Inc., 445 South Main Street, Suite 300 Davidson, North Carolina 28036, if you are located in the United States (or iQmetrix Software Development Inc., 250 Howe Street - Suite 1210, Vancouver, BC, Canada V6C 3R8, Vancouver, BC, Canada V6C 3R8, if you are located outside of the United States) (“iQmetrix”, ​“us”, ​“we” and ​“our”). The Operator may have additional terms of use which apply to Queue Management.

All references to ​“user”, ​“you”, ​“your” mean the Visitor that accesses or uses Queue Management in any manner, with ​“Visitor” being an individual end-user. Any individual user acting on behalf of another entity hereby confirms that such user has all necessary and legal authority to bind the entity. Acceptance of these Terms by such user will be deemed acceptance by the entity.

By accessing and using Queue Management, including contributing materials and/​or personal information to Queue Management, you represent and warrant that you have full power and authority to enter into these Terms and you agree to be bound by:

• these Terms of Use;
• the Privacy Policy located further down this page.

(collectively referred to as the ​“Terms”).

We reserve the right to modify these Terms at any time without giving prior notice. Your use of Queue Management following any such modification constitutes your agreement to follow and be bound by these Terms as modified. You agree to review these Terms on a regular basis and remain in compliance with any modifications.

PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT ACCESS OR USE QUEUE MANAGEMENT.

Access to Queue Management

To access or use Queue Management, you must have the requisite power and authority to enter into the Terms. You may use Queue Management solely in compliance with the Terms, and solely for the purposes of receiving virtual line management services with respect to a physical store location operated by Operator. Queue Management may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Queue Management is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through Queue Management. You represent and warrant to us that you have reached the age of majority where you are using Queue Management. You are only authorized to use Queue Management if you have reached the age of majority where you access Queue Management and agree to abide by all applicable laws and the Terms.

Your relationship with the Operator

Please note that we are not involved in the Operator’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items from or through the Operator your purchase is directly from the Operator, who is solely responsible for the items sold. Please contact the Operator if you have any questions or complaints.

Third Parties

Your data may be submitted directly or passed through to the Operator as well as any third parties we may engage to provide the Service, and the respective third party’s terms of service, privacy policy, and other policies may apply. We have no control over or insight into such third parties’ use of your data.

Representations and Warranties

You represent and warrant that you have read, understood and agreed to our Privacy Policy. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use Queue Management to:

• Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Violate any applicable law;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Queue Management, except as expressly authorized by us; and
• Use a robot, spider or other automated device or process or means to access, retrieve, scrape, or index any portion of Queue Management.

Ownership

iQmetrix owns or licenses all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising Queue Management, other than third party services, including all written, audio visual or other materials and graphical elements on Queue Management, but excluding Content and User Content (“iQmetrix Content”).

Indemnification

You agree to indemnify, save, and hold iQmetrix harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Queue Management, violation of the Terms, or breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Term and Termination

You are free to stop your use of Queue Management at any time. We reserve the right to suspend or terminate your access to Queue Management without notice to you if:

• you are in breach of the Terms;
• you are using Queue Management in a manner that would cause a real risk of harm or loss to us or other users; or
• for any other reason at the sole discretion of iQmetrix.

In the event of any termination of these Terms of Use, the following sections will continue in full force and effect: ​“Posting User Content”, ​“Representations and Warranties”, ​“Indemnification”, ​“Disclaimers”, ​“Limitations of Liability”, ​“General Terms”.

Disclaimers

YOUR USE OF QUEUE MANAGEMENT IS ENTIRELY AT YOUR OWN RISK. QUEUE MANAGEMENT IS PROVIDED ​“AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IQMETRIX DOES NOT WARRANT THAT QUEUE MANAGEMENT OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT QUEUE MANAGEMENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, IQMETRIX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF QUEUE MANAGEMENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. IQMETRIX MAY MAKE CHANGES OR IMPROVEMENTS TO QUEUE MANAGEMENT AT ANY TIME. IQMETRIX MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitations of Liability

You expressly understand and agree that your access or use of Queue Management and the contribution of any materials is at your sole risk, and to the maximum amount permitted by law, iQmetrix hereby disclaims any and all liability to you for any loss or liability relating to your access or use of Queue Management and the contribution of any materials in any way.

IQMETRIX WILL NOT BE LIABLE FOR ANY (I) INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES OR ANY SIMILAR DAMAGES INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR RELATING TO THE TERMS OR QUEUE MANAGEMENT, (II) DAMAGES DUE TO USE, PERFORMANCE OR OPERATIONS OF THE INTERNET OR USE OF THE INTERNET BY YOU; (III) LOSS OF DATA; (IV) LOST PROFITS; (V) BUSINESS INTERRUPTION; OR (VI) DAMAGES PURSUANT TO ANY THIRD PARTY TERMS AND CONDITIONS, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR QUEUE MANAGEMENT, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR REQUIRE EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY THAT ARE DIFFERENT THAN THOSE SET FORTH IN THIS SECTION, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General Terms

Applicable Law

If you are in the US, this Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without reference to conflicts of laws provisions, and will in all respects be treated as a State of Delaware contract. The Parties hereby irrevocably submit to the jurisdiction of the state and federal courts located in Arlington County, Virginia, to the extent that a court of competent jurisdiction determines in a binding, final court order.

If you are outside the US, this Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to conflicts of laws provisions, and will in all respects be treated as a British Columbia contract. The Parties hereby irrevocably submit to the jurisdiction of the federal and provincial courts located in Vancouver, British Columbia, Canada, to the extent that a court of competent jurisdiction determines in a binding, final court order.

You shall comply with all applicable foreign and domestic laws (including without limitation export laws), governmental regulations, ordinance, and other judicial administrative orders.

Force Majeure

Without limiting the generality of the preceding limitations, we have no liability for any failure or delay resulting from any condition reasonably beyond our control, including but not limited to power grid failure, Internet service disruption, labor strikes or lock-outs, governmental action, acts of terrorism, war, coup, civil unrest, earthquake, hurricane, tsunami, fire, flood or other acts of God.

Severability

If any part of these Terms of Use is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.

Notices

All notices, requests, demands or communications required or permitted pursuant or relating to these Terms of Use will be in writing and will be sent by email to legal@​iqmetrix.​com. Email notices will be deemed given and received upon reply email confirming receipt.

Entire Agreement

These Terms of Use constitute the entire agreement and supersede all prior agreements and understandings, both oral and written.

No Third Party Beneficiaries

Nothing in these Terms of Use, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Use.

No Licenses

We grant to you only the rights and licenses expressly stated in these Terms of Use, and you receive no other rights or licenses with respect to products and services, trademarks, or any other property of iQmetrix.

Survival

The following sections shall survive the expiration or termination of this Agreement: ​“Posting User Content”, ​“Representations and Warranties”, ​“Indemnification”, ​“Disclaimers”, ​“Limitations of Liability”, ​“General Terms”.

Queue Management Privacy Policy

Last Updated: September 2, 2020

This Privacy Policy is part of the (“Terms”) governing your use of: the ​“Queue Management” service available to our Operators to allow them to provide a virtual queuing system at their physical locations (the ​“Service”), which is offered by the Operator that is operating the physical location you are attempting to use the Service for, but with technical functionality provided by iQmetrix USA Inc., 445 South Main Street, Suite 300 Davidson, North Carolina 28036, if you are located in the United States (or iQmetrix Software Development Inc., 250 Howe Street - Suite 1210, Vancouver, BC, Canada V6C 3R8, Vancouver, BC, Canada V6C 3R8, if you are located outside of the United States) (“iQmetrix”, ​“us”, ​“we” and ​“our”).

All references to ​“user”, ​“you”, ​“your” mean the organization or individual, as applicable, that access and use the Service in any manner. This Privacy Policy applies to Personal Information (as defined below) collected by iQmetrix on behalf of the Operator, through or in conjunction with the Service, by email, phone or any other offline interactions and anywhere else we post or display this Privacy Policy. By accessing or using the Service, you accept and agree to the terms of this Privacy Policy in effect at the time of your use. Any individual user acting on behalf of an organization hereby confirms that such user has all necessary and legal authority to bind the organization. Acceptance of this Privacy Policy by such user will be deemed acceptance by the organization of this Privacy Policy. Any terms capitalized herein but not defined will have the meanings ascribed to them in the Terms.

By accessing or using the Service, you agree to the terms of this Privacy Policy. We reserve the right to update or change our Privacy Policy at any time. We will use reasonable efforts to notify you of any material changes to this Privacy Policy and you should periodically review this page. Your continued access to and use the Service will constitute your acknowledgement of and your consent to abide and be bound by the modified Privacy Policy.

You must be at least eighteen (18) years old to use the Service. We desire to protect any personal and financial information you choose to provide us as described in this Privacy Policy

Third Party Service Providers

The texting function that comprises part of the Service may be provided by third parties.

If you choose to engage with the Service, your data may be submitted directly or passed through to the Operator as well as the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. Depending on the integration with such third party, iQmetrix may not actually handle, process, or store such data. In addition, we have no control over or insight into such third parties’ use of your data.

Information We Collect

“Personal Information” is information that directly or indirectly identifies you or can be used to identify you as an individual.

At the direction of the Operator, we may obtain your personal information directly and indirectly from your activity on the Service. Most of your personal information will be gathered transparently, directly from you. The information you may be asked to provide may include personally identifiable information such as your name, mobile phone number, and contact information.

We may (and you authorize us to) access, use, process, and transmit such data and additional data related to your use of the Service,

Sources. We collect the information listed above from the following categories of sources:

• Direct interaction with the Service – While interacting with the Service, you may be asked directly to provide personal information.
• Indirectly through your interaction with the Service – The Service may indirectly and automatically collect information associated to your account. For example, the Service may create access logs or other technical information as described below.

Use of Information

Permitted Uses. We only collect and process information submitted to us through the Service (“Information”) for the purposes described in this Privacy Policy or the Terms, including:

• Authentication purposes – to verify your identity and to protect our rights, your rights and the rights of other users.
• Providing the Service – to provide the technical functionality powering the Website at the direction of the Operator and to facilitate the Operator’s provision to you of its products and services.
• Security – to detect and prevent fraud and abuse and to provision technical notices, security alerts and support and administrative messages.
• Improving the Service – to research and analyze usage of the Service for the development of new services or contests, to improve the Services offered and to solicit feedback.

This Information includes data we collect through the Service.

Blind Data. We may use the Information to create aggregated, anonymized general information (“Blind Data”) to monitor and improve our services, create usage statistics, or for any other lawful business purpose. Blind Data does not and cannot be used to identify you as an individual. You hereby grant to us a non-exclusive, transferable, sublicenseable, royalty-free license to use Information we collect from you to generate Blind Data. If we collect or generate Blind Data, it will be owned by us and we may use it for any lawful business purpose without further consideration. 

Your Rights and Choices

Contact. To exercise any of your rights outlined in this section, or to learn more about our privacy practices, please contact us by email at support@​iQmetrix.​com.

Making a Request. You may make a request personally, to the Operator, or through an authorized agent. We may ask for supporting information (such as details of a recent transaction) to verify your identity before fulfilling a request. We will use commercially reasonable efforts to respond to all verifiable request within 45 days of its receipt, and will inform you in writing if we require more time.

Access and Deletion. You may request access to and deletion of Information about yourself and your Organization by contacting us directly.

Correction. You may update or correct Information about yourself or your Organization by contacting us directly.

Non-Discrimination. We will not discriminate against you for exercising the rights outlined in this section, and your use of the Service will be limited and altered only to the extent permitted by law or as a direct and foreseeable consequence of the exercise of your rights.

Exceptions. We may retain archived copies of information about you and your transactions for a period of time that is consistent with applicable law.

Information Sharing

1. Unless we have your consent or as stated in this Privacy Policy, we do not share any of your Information.
2. We may share all of your information with the Operator in order for the Operator to provide its products and services to you.
3. We may also provide Information to our agents, technology vendors and other service providers on a ​“need-to-know” basis for the purpose of providing the Service and operating our business. For example, business analytics platforms, marketing vendors, fraud detection and prevention firms and other vendors that help us improve our products and services and protect against fraud or misuse of our services. These service providers are required to keep the Information confidential, and may not use it for any purpose other than to perform services for us or as otherwise required by law.
4. We may submit any Information we have regarding an alleged violation of law involving the Website to law enforcement, or to other governmental or regulatory entities (including pursuant to a subpoena, court order, or other legal process; or upon reasonable belief that a violation of applicable law has occurred). We may also submit such Information as is required to establish our legal rights or defend against legal claims.
5. We may share your Information with an affiliate or assign and transfer the Information to a third-party successor-in-interest in connection with, or in negotiation of: a merger, acquisition, sale of substantially all our assets or stock, or similar change-in-control transaction; a financing event; or a bankruptcy or dissolution proceeding.

Notice To California Residents

The information in this section applies to residents of California with regard to Personal Information subject to this Privacy Policy. If you have any questions about this Privacy Policy or would like to receive a printed copy, please contact us at support@​iQmetrix.​com.

How We Collect and Use Personal Information. In accordance with the California Consumer Privacy Act of 2018 (“CCPA”), this section describes the personal information (as defined by the CCPA) we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting the information, and the third parties with whom we shared that information. Please refer to the corresponding sections of this policy above for details on the following:

• Information We Collect: This section describes the categories of personal information we collected and the categories of sources from which the information was collected.
• Use of Information: This section describes the business or commercial purposes for which we collected the information.
• Information Sharing: This section lists the categories of third parties with whom we shared personal information.

Your Rights and How to Exercise Them. Under the CCPA, California residents have certain rights with regard to their personal information. Those rights may only apply in certain circumstances and may be subject to limitations or exceptions. A summary of those rights is provided below as well as information on how to exercise your rights. Please note that we will require certain identifying information about you as necessary for us to verify your request in accordance with applicable law.

• Right to Know: You may request us to disclose the categories of personal information we collected about you, the purposes for which we collected, sold or disclosed that information, and the categories of third parties to whom we disclosed the information in the last 12 months. To exercise this right, please email your request to support@​iQmetrix.​com and include ​“Disclosure Request” in the subject line of your message.
• Right to Access: You have the right to request access to the personal information specific to you individually, that we collected, used, disclosed and/​or sold about you in the last 12 months. To exercise this right, please email your request to support@​iQmetrix.​com and include ​“Access Request” in the subject line of your message.
• Right to Delete: You have the right to request us to delete the personal information we have collected or maintain about you. Please note that certain exceptions may apply to your right to delete information, such as when we must retain personal information as required or permitted by law and we will also maintain a record of your deletion request. We will notify you if any such exceptions apply to your request. To exercise this right, please contact us [insert method] or email us at support@​iQmetrix.​com and include ​“Deletion Request” in the subject line of your message.

We will not discriminate against you for exercising the rights outlined in this section, and your use of the Service will be limited and altered only to the extent permitted by law or as a direct and foreseeable consequence of the exercise of your rights. We may also offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know, right to access or right to deletion in accordance with applicable law.

You can exercise these rights yourself or you can designate an authorized agent to make a request on your behalf. If you would like an authorized agent to submit a request on your behalf, please send us an email at support@​iQmetrix.​com for instructions and details on proof and information required for use of an authorized agent.

How We Disclose Information. We disclosed personal information to third parties for business purposes during the last 12 months. For more information on the categories of information we disclosed and to whom it was disclosed, see the Information Sharing section above. We do not sell your personal information or the personal information of minors under age 16.

Third-Party Marketing Disclosure. Under California Civil Code § 1798.83, California residents with whom we have a business relationship can request information about the types of personal information, if any, we shared with third parties for the direct marketing purposes of the third parties and the identities of the third parties with whom we shared such information in the last 12 months. We do not share your personal information with third parties in this manner and have not done so in the last 12 months. You may request more information by contacting us using the contact information at the bottom of this Privacy Policy.

Information Security

We use commercially reasonable efforts designed to protect Information via maintenance of standard physical, electronic, and procedural safeguards. Despite our actions and precautions, no Internet data transmissions are completely secure, and they are subject to theft, fraud, destruction, alteration, disclosure, unauthorized access and other misuse.

The security of your Account and Personal Information depends on you performing your responsibility to control access to your devices and applications, including maintaining physical possession of your device, and keeping your passwords and PINs confidential and not sharing them with anyone. It is also your responsibility to alert us if you believe the security of information in any part of the Service has been compromised.

You agree that there is risk involved in your transmission of Information to us, some of which is unavoidable and may be (a) incurred via occurrences out of our control, or (b) inherent in all like Internet transmissions. To the greatest extent permissible under applicable law, we are not responsible for the security or privacy of any Information you choose to submit to us.

Retention And Disposal Of Personal Information

We retain Information to provide, maintain, and augment the Service, and to comply with legal requirements and standard business practices. We retain Information for as long as (a) we have a business need, or (b) applicable laws, regulations, or government orders require. When we dispose of Information, we use reasonable procedures to erase or render it unreadable (for example, shredding documents and wiping electronic media). We may retain Blind Data for so long as it is relevant to our business model, in our discretion.

General Provisions

PRIVACY OF CHILDREN

We do not knowingly collect Personal Information from children under the age of 13. If we learn that we have inadvertently done so, we will take commercially reasonable steps to delete that Personal Information. 

ENFORCEMENT

If you violate our Privacy Policy or other terms of use, we may prevent you from using the Service. If you believe another person has committed such a violation, contact us via the customer care contact information we provide on the Website.

INTERNATIONAL TRANSFERS

Ready Software and its affiliated companies are located in Canada and the United States. The Service is not targeted at individuals outside Canada and the United States. If you are visiting the Website or using the Service from outside Canada and the United States, please note that information collected through the Service will be stored and processed in Canada or the United States or any other country (“Transfer Country”) in which we, or our affiliates, subsidiaries, agents or service providers, maintain facilities, where the data protection laws may differ from those in the country where you are located. By using the Service, you consent to any such foreign transmission, including an express consent to your Personal Information being transferred, to, stored, in and accessed from a Transfer Country that differs from the country where you reside and/​or utilize the Service.

Changes to this Privacy Policy

This Privacy Policy will change from time to time to maintain compliance with applicable law and regulations. We reserve the right to modify this Privacy Policy at any time in our sole discretion by posting the most recent version (which shall supersede any other version and become effective as of the last updated date indicated) on the Website. Your continued use of the Service following posting of these changes constitutes acceptance of the terms as they exist at the time of your usage.

CONTACT US

For any questions regarding this Queue Management Privacy Policy, please contact us at support@​iQmetrix.​com or 1−888−888−8170