PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. The terms and conditions provided below are applicable to the Quartica website located at Quartica.com; all e-mail newsletters published or distributed by Quartica, Inc.; all apps published by Quartica; and all other interactive features and communications provided by Quartica (collectively, the “Services”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Quartica, Inc. (collectively “Quartica” or “we”, “us”, or “our”) (“Website”).
THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND SERVICES. BY COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE AND/OR BY USING OUR WEBSITE OR SERVICES, YOU (“USER” OR “YOU”) ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR SERVICES, AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For certain of our Services, you will also be required to execute our subscription agreement, which will have its own terms and conditions that specifically apply to any subscription that you purchase.
This is a legal agreement between you and Quartica that states the material terms and conditions that govern your use of the Website and Services. This agreement, together with all updates, supplements, additional terms, and all of Quartica’s rules and policies collectively constitute this “Agreement” between you and Quartica. BY ACCESSING THE WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
PLEASE BE AWARE THAT SECTION 18.1 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
Last Changes to Terms of Service: February 15, 2019
Your privacy is important to Quartica, Inc. (“Quartica”). The https://quartica.com/ site as defined in the Quartica Terms of Use (the “Site”) is owned and operated by Quartica. BY USING THE SITE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE. Please carefully read this Privacy Policy as it may have changed since your last visit to the Site. Continued use of the Site indicates your understanding and acceptance of any changes made to this Privacy Policy and posted to the Site. Capitalized terms not defined in this Privacy Policy shall have the meanings set forth in the Quartica Terms of Use. This Privacy Policy does not cover the privacy practices of any third party websites to which the Site may link.
This Privacy Policy describes the information practices for Quartica and the Site, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. As described below, this statement applies to your interactions with the Site when you enter into the Terms of Use for a Quartica offering or provide information to Quartica.
What Information Quartica Collects:
This Privacy Policy applies to all information collected by or submitted to Quartica (or carefully selected third parties acting on our behalf), including your personal information (“Personal Information”). Personal Information refers to information that identifies you directly, or can be used to identify you, such as your name, business affiliation, postal address, country of residence, telephone number, e-mail address, age, and gender, and, where provided for under applicable law, any data about your use of the Site or your device that may be collected automatically, including through the use of cookies, web beacons and other tracking technologies. For instance, we may collect information about what type of Web browser you use, and what pages of the Site you visit to understand how the Site is being used. You have the right to request that the Site deletes your personal information.
Quartica may collect your Personal Information when:
The types of Personal Information collected may include (but are not limited to):
How does Quartica use your information:
Quartica collects and uses your information, including your Personal Information, to operate and improve the Site and deliver its offerings or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the offerings easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, offerings, and technologies; monitoring and analyzing trends, usage, and activities in connection with our services; and displaying content and advertising that are customized to your interests and preferences.
We also use your Personal Information to communicate with you. We may send certain mandatory service communications such as welcome letters, information updates, information on technical service issues, billing information, security announcements and clinical trial notifications. We may also contact you to inform you of other offerings available from Quartica and its affiliates.
We also use your Personal Information to debug to identify and repair errors in our services; comply with our legal and financial obligations; and carry out any other purpose described to you at the time the information was collected.
We may also use, disclose and otherwise process anonymized information that cannot reasonably be used to identify you for our own legitimate business purposes, including historical and statistical analysis and business planning.
Sharing of Your Personal Information:
Quartica will not sell, rent, or lease your information, including your Personal Information, to others. Quartica shares Personal Information with companies working on our behalf. Except as described in this statement, we will not disclose your Personal Information to third parties for their own marketing purposes unless you have provided consent.
Some Quartica services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Quartica and the other company may receive information collected as part of the co-branded services. If so, the privacy policy of such other company shall apply to their use of this information.
In some cases, Quartica uses contractors to collect, use, analyze, and otherwise process information, including Personal Information, on its behalf. It is Quartica’s practice to require such contractors to handle information in a manner consistent with this Privacy Policy. Quartica may also team up with carefully selected Quartica partners to participate in limited marketing campaigns solely to promote Quartica offerings, or the partner’s products and services, to you. You may opt-out of receiving these marketing messages at any time by following the instructions in the e-mail message.
If you request something from the Site (for example, product or content data, a service, a notification, a callback, or specific marketing materials), we will use the information you provide to fulfill your request or inquiry. To help us do this, we may share information with others, such as the Site’s business partners, including but not limited to its data storage and hosting service providers, software providers, online digital marketing companies, customer relationship management platforms, its financial institutions, and postal or government authorities involved in fulfillment. As part of a transaction, we may also contact you as part of our customer satisfaction surveys, user Feedback, or for market research purposes.
We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our offerings. Such companies will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
We may access or disclose your information, including your Personal Information, if we believe such action is necessary to: (a) comply with the law or legal process served on the Site or Quartica; (b) protect and defend the rights or property of the Site or Quartica (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of the Site of offerings or members of the public.
We share Personal Information with your consent or at your direction. We may also share anonymized information that cannot reasonably be used to identify you.
Your Choices:
Quartica provides a number of ways for you to “opt-out” of receiving additional information from us or having us provide your personal information to our partners. We may offer you these choices at the time you give us your Personal Information.
If you do not wish to continue receiving certain marketing materials (e.g., e-mail messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials. This option does not apply to communications primarily for the purpose of administering orders, contracts, support, product safety warnings, software updates, or other administrative and transactional notices.
How to Update Your Information:
Here are some ways you can modify the contact information that you have provided to us:
Safeguarding Your Personal Information:
In order to protect your information, including your Personal Information, from improper disclosure, Quartica uses commercially reasonable efforts to maintain a secure operating environment to protect any information we collect. We use the most accurate and current information you provide in order to process your request. Once received, we limit access of your information to only those employees with a legitimate business need to review them. Furthermore, whenever you transmit Personal Information to us through our website, we provide you access to a third party server that allows encryption across the Internet. Browsers offer varying degrees of security, particularly in regard to encryption. Even the same version of a browser can come with different levels of encryption. For your protection, make sure your browser is set and configured to support Secure Socket Layer (SSL) 2.0/3.0 and employs 128-bit encryption. All acceptable browsers do provide detailed information on security levels in “Properties” or “Document Information” from the browser’s menu bar. See your browser’s “Help” tab or documentation for more information. Finally, unless required for legal, regulatory or compliance obligations, we take care to dispose of your information properly so that third parties will not be able to access it. This includes destroying, erasing, or making unreadable the information. While we are committed to protecting your privacy, please be aware that no transaction over the Internet can be completely secure.
Enforcement:
Quartica regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this statement or Site treatment of personal information by contacting us at the link or address indicated below.
Cookies and Browser Information:
Quartica uses cookies for a variety of purposes. Cookies are small text files that a website sends to a Web browser, which are stored on the site visitor’s computer. Cookies are commonly used to track Web activity and provide an enhanced experience when using the internet. We use cookies to help us better understand website usage in the aggregate so that we know what areas of the Site users prefer. If you simply want to browse, you do not have to accept cookies from the Site. Most browsers are defaulted to accept and maintain cookies. If you do not want websites to be able to use cookies, you can alter the configuration of your browser to not accept cookies. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. Third party vendors, including Google, may use cookies to serve ads to you while you are using the Site based on your prior visits. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Should you decide, however, that you would like to participate in focus groups with Quartica and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send it. Otherwise, you may not be able to participate.
With or without cookies, our website keeps track of usage data, such as the source address from which a page request originates (i.e., your IP address, domain name), date and time of the page request, the referring website (if any), and other parameters in the URL (e.g., search criteria). We use this data to better understand website usage in the aggregate so that we know what areas of our website users prefer (e.g., based on the number of visits to those areas). This information is stored in log files and is used for aggregated and statistical reporting.
Links to Other Sites:
The Site may provide links to third-party websites, such as those of our business partners, such as its data storage and hosting service providers, software providers, online digital marketing companies, customer relationship management platforms, payment processors, and online advertisers. You should review their privacy policies to learn more about what, why, and how they collect and use Personal Information.
For Questions or Concerns:
If you have questions or concerns regarding this statement, you should first contact privacy@quartica.com. Quartica can be reached by mail at:
Quartica, Inc.
198 Tremont Street, Suite 400
Boston, MA 02116
Changes to the Quartica Privacy Policy:
Quartica reserves the right to change this policy from time to time. If we do make changes, the revised Privacy Policy will be posted on the Site.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR LEGAL GUARDIANS:
THE QUARTICA SITE IS INTENDED FOR ADULTS. WE DO NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, PLEASE DO NOT PROVIDE ANY PERSONAL INFORMATION TO QUARTICA. IF YOU KNOW OF ANYONE UNDER THE AGE OF 18 WHO HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND WE WILL REMOVE THE INFORMATION.
SPECIFIC PROVISIONS FOR CALIFORNIA RESIDENTS
This section of the Privacy Policy applies only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing Personal Information to provide notices and means to exercise rights.
California Notice of Collection
In the past 12 months, we or our service providers have collected the following categories of information enumerated in the CCPA in connection with the Site:
For more information on information we collect, including the sources we receive information from, review the sections above titled “Quartica may collect your Personal Information when,” “The types of Personal Information collected may include (but are not limited to)” and “Cookies and Browser Information.” We collect and use these categories of Personal Information for the business purposes described in the “How does Quartica use your information” section, including to provide, manage and improve our Site. Quartica does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA would be interpreted to include any of the activities described in the “Sharing of Your Personal Information” section, we will comply with applicable law as to such activity.
Right to Know and Delete
If you are a California resident, you have the right to delete Personal Information we have collected about you and you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following:
To exercise any of these rights, please submit a request to us by completing the request form found here. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. Please note that, in many instances, Quartica does not collect types of Personal Information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete. A request for access can be made by you only twice within a 12 month period.
Right to Opt Out
Under the CCPA, you have the right to opt out of the sale of your Personal Information to third parties at any time. Quartica does not “sell” your Personal Information as it is currently defined under the CCPA. You may contact us by emailing us at privacy@quartica.com if you have any questions or concerns.
Authorized Agent
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
California Do-Not-Track Notice
We do not track our Site users over time and across third party websites and therefore do not respond to Do Not Track (DNT) signals.
ADDITIONAL INFORMATION FOR USERS IN THE EUROPEAN ECONOMIC AREA AND IN THE UNITED KINGDOM
Quartica is headquartered in the United States. Our services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We may also share your Personal Information with our affiliates in the United States and other countries for purposes consistent with this Privacy Policy and based on our legitimate interest. Your Personal Information may be processed in any country where we have affiliates or in which we engage service providers, and by using our services, or otherwise interacting with us, you consent to the transfer of Personal Information to countries outside of your country of residence, including the United States. Therefore, we and our service providers may transfer your Personal Information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take appropriate steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it. In certain circumstances, courts, regulatory agencies, law enforcement agencies, or security authorities in those other countries may be entitled to access your Personal Information.
Quartica is aware of the July 16, 2020 ruling by the European Court of Justice invalidating the EU-US Privacy Shield Framework. Accordingly, Quartica will take adequate measures designed to protect the transfer of Personal Information of individuals in the European Economic Area (EU Member States, Iceland, Liechtenstein and Norway) (“EEA”), such as relying on the European Commission-approved Standard Contractual Clauses (“SCCs”) as a legal mechanism for such transfer, or other adequate transfer mechanism as required under relevant data protection laws, as well as additional safeguards, where appropriate. A copy of these clauses may be obtained by contacting us at the email address listed below. For transfers to or from the United Kingdom (“UK”), we make use of the SCCs, as adapted for the UK.
For those who use our services, Quartica processes Personal Information as a processor under the direction of our customers. Our customers, as data controllers, are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to collecting their customers’ Personal Information. For individuals located in the EEA or the UK, the term “Personal Information,” as used in this Privacy Policy, is equivalent to “personal data” under applicable European and UK data protection legislation.
If you are located in the EEA, the UK, or Switzerland, you have certain rights and protections under applicable law regarding the processing of your Personal Information, as defined by the General Data Protection Regulation (“GDPR”), and this section applies to you.
Legal Basis for Processing
When we process your Personal Information, we will do so in reliance on the following lawful bases:
Data Retention
We store Personal Information associated with your account for as long as your account remains active. If you close your account, we will delete your account data within 30 days, unless reasonably necessary to comply with our legal, regulatory, or other compliance obligations. We store other data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Your Rights
For users in the European Union, according to the GDPR, you have the following statutory rights:
If would like to exercise your rights, please let us know by sending an email at privacy@quartica.com.
You also have the right to lodge a complaint with your local Data Protection Authority or to the Data Protection Authority where the alleged infringement took place.
Last Modified: December 31, 2021
