RQ Terms of Use

PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT ACCESS OR USE RQ. BY PROCEEDING WITH YOUR ACCESS OR USE OF RQ, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS BELOW AND CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF CERTAIN PERSONAL INFORMATION WHICH MAY INCLUDE BIOMETRIC INFORMATION.

YOU ARE ONLY AUTHORIZED TO USE RQ IF YOU HAVE REACHED THE AGE OF MAJORITY WHERE YOU ACCESS RQ AND AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THE TERMS.

Last Updated: September 29, 2020

These Terms of Use are part of the End User License Agreement (located at www.iqmetrix.com/terms) governing your use of the Services as defined therein. These Terms of Use apply specifically to your use of RQ, which is considered a Service under the End User License Agreement. By accessing or using RQ, including contributing materials and/​or personal information to RQ, whether your own or on behalf of another entity, you represent and warrant that you have full power and authority to enter into these Terms of Use and you agree to be bound by:

• these Terms of Use;
• the End User License Agreement www.iqmetrix.com/terms; and
• our Privacy Policy www.iqmetrix.com/privacy,

in effect at the time of your use (collectively referred to as the ​“Terms”).

These Terms of Use may change from time to time without prior notice. We reserve the right to modify these Terms of Use at any time in our sole discretion by posting the most recent version. The modified Terms of Use will supersede any other version and will become effective as of the last updated date indicated. Your continued use of RQ following these changes constitutes acceptance of the Terms as they exist at the time of your usage. You agree to review these Terms of Use on a regular basis and remain in compliance with any modifications.

In case of any conflict or inconsistency between the provisions of these Terms of Use and any provision of the rest of the Terms, the provisions of these Terms of Use will prevail.

Access to RQ

You acknowledge that your access to and use of the RQ application (“RQ”) will be governed by a Master Services or Subscription Agreement (“MSA”) entered between a subscriber (“Subscriber”) and iQmetrix. You represent and warrant that you are an Agent (as defined in the MSA) of Subscriber, and you agree to abide by the terms set out in the MSA.

You represent and warrant that you have permission, express or implied, from both iQmetrix and Subscriber to access and use RQ. You may use RQ solely in compliance with the MSA and the Terms, and solely for the purposes of conducting Subscriber’s business and interacting with consumers of Subscriber’s business (“Consumer”). RQ may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Posting User Content

Consumer Data

You may collect data from Consumers (“Consumer Data”) and enter such data into RQ. You acknowledge that by entering Consumer Data into RQ, you are disclosing that information to iQmetrix which may include confidential, personal, financial and other information belonging to Consumer. As a service provider, iQmetrix will not obtain consent from Consumer and will receive and process Consumer Data pursuant to the terms of the MSA. You represent and warrant that you have obtained proper consent, express or implied, from Consumer to collect and disclose Consumer Data.

User Data

You may collect information pertaining to Subscriber’s business or your own information (“User Data”) and enter such data into RQ. You represent and warrant that you have the authority to enter User Data into RQ and to disclose User Data to iQmetrix.

Prohibition

Consumer Data and User Data are considered User Content under the End User License Agreement. When Posting User Content, you represent and warrant that you will abide by the prohibitions set out in the User Content section of the End User License Agreement.

We further highlight obligations set out in the MSA to:

1. access and use RQ in conjunction with a valid and current service;
2. access and use RQ in compliance with applicable statutes, laws, ordinances and regulations;
3. prevent unauthorized access to any third party; and
4. never enter personally identifying or financial information of individuals into custom or free-form fields.

Your Personal Information

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

Information We Collect

The following are categories of Personal Information we may collect about you and how we collect it:

• Identifiers including protected classification characteristics. During registration or login, you or Subscriber may be required to enter information such as name, phone number, email address, passwords, etc., to use and access RQ.
• Biometric information. During registration or login, you may be required to enter biometric information in the form of a fingerprint scan for authentication. We have practices specific to biometric information which are detailed in the Biometric Information section of these Terms of Use.
• Professional or employment-related information. During registration or login, you or Subscriber may have provided information related to your professional or employment status such as job-title, employer name, etc.
• Internet or other electronic network activity information. While accessing or using RQ, iQmetrix collects activity information such as access times, Internet Protocol (IP) addresses and browser used.

Sources

We collect the Personal Information listed above from the following categories of sources:

• Voluntary interaction. While interacting with RQ, you may be asked directly to provide personal information. For example, you may enter your name and address when registering for an account.
• Indirectly through your interaction. RQ may indirectly and automatically collect information associated to your account. For example, RQ may create access logs when you login to your account.
• Third parties. Third parties such as a payment processor may indirectly provide additional information related to a transaction.

Use of Information

We collect and process Personal Information through RQ for the following purposes:

• Authentication purposes. To verify your identity and to protect our rights, your rights and the rights of other users.
• Providing the Service. To perform functions to interact with end-users, process transactions, provide receipts, or otherwise provide the Service.
• Security. To detect and prevent fraud and abuse and to provide security alerts and support and administrative messages.
• Improving the Service. To research and analyze usage of RQ for the development of future products and to improve RQ.

We may also use Personal Information to create aggregated and anonymized data as described in our Privacy Policy. Such data does not and cannot reasonably be used to identify you as an individual.

Information Sharing

We provide Personal Information to our agents, technology vendors and other service providers on a ​“need-to-know” basis for the purpose of providing RQ 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. These service providers are required to keep your Personal Information confidential, and may not use it for any purpose other than to perform services for us or as otherwise required by law.

Notice to California Residents

In accordance with the California Consumer Privacy Act of 2018 (“CCPA”), your Personal Information is disclosed to third parties in the following manners:

• 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 at support@​iQmetrix.​com.

Biometric Information

Authentication Purposes Only

If the workstation you use to access or use RQ includes a fingerprint scanner, you may be asked to login with your fingerprint. We encrypt the data derived from your fingerprint (“Fingerprint Data”) before storing it in our database. Your Fingerprint Data will be used for the sole purpose of securing your RQ Account and authenticating your identity.

Disclosure and Storage of Biometric Information

Your Fingerprint Data will never be sold, traded or disclosed for profit. Fingerprint Data is stored under encryption and cannot be used to recover your original fingerprint in any way.

The Fingerprint Data stored in our database is routinely deleted. Your specific Fingerprint Data will be deleted following a 3 year period of inactivity after your last login to your RQ Account.

Your Consent

By agreeing to and accepting these Terms of Use, you acknowledge that you have read and understood these terms and are consenting to our collection, use and disclosure of your fingerprint, the Fingerprint Data and any other information derived from your fingerprint.