As per the Spanish applicable laws related to personal data, namely, amongst others, Organic Law 15/1999, December 13, Data Protection Law (Official Gazette 298 December 14th,) and Regulation as per Royal Decree 1720/2007, December 21st (Official Gazette 17, January 19 2008), this Policy informs the Users how their personal data are treated.
Information Collection and Use
Our primary goals in collecting, using and processing information via the Platform are to provide Users with access to and use of our Platform, to improve and further develop our Platform and to enable users to enjoy and easily navigate the Site.
Personally Identifiable Information
In the course of using the Platform (whether as a Client or Contractor), we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you; personally identifiable information may include, but is not limited to, your name, company name, email address, postal address, work experience and interests, and phone number (“Information”).
If you use the Platform to make or receive payments, we will also collect certain Personal Information such as credit card information, Swipe, PayPal or other financial account information, and billing address.
We may collect additional Personal Information to validate your identity, such as your date of birth, place of birth or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases or request a credit report.
As further described in our Terms of Service, you may register or input data onto our Platform directly via the Site or by logging into your account with certain third party social networking services (including, but not limited to, LinkedIn or Facebook) (“SNS”) via our Site. If you choose to input data via an SNS, we will use the Personal Information you have provided to the SNS (such as your ”real” name, email address, gender, prior experience and other information you make publicly available via the SNS) to modify and update your account; the information we extract may depend on the privacy settings you have with the SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Platform, and QALEON is not responsible for its accuracy, legality, or non-infringement.
You may link your QALEON account to your SNS account, in which case the SNS may share certain information about you with other SNS users, as well as sharing certain information about other SNS users with you. You represent that you are authorized to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating QALEON to pay any fees or making QALEON subject to any usage limitations imposed by such SNS. You can disable the link between your QALEON account and your SNS account at any time though the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.If your SNS account terminates, then functions enabled through the link between your QALEON account and your SNS account will terminate as well.
We also collect other information that you provide in connection with your use of the Platform (e.g., zip code (on its own) and individual preferences) (“Non-Identifying Information”). We collect additional Non-Identifying Information from Clients in the form of information related to jobs posted via the Platform (e.g., budget, location, history of job listings, timing of job performance and feedback/rating information). We also collect additional Non-Identifying Information from Contractors in connection with Contractor profiles (e.g., information on jobs previously performed, skills, tests taken, hourly pay rates and feedback/rating information).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Platform, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other QALEON Users to attempt to provide you with a better experience, to improve the quality and value of the Platform, and to analyze and understand how our Site and Platform are used, and to generate general industry analysis. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
When you register for the Platform, you will be opting-in to receive QALEON emails, newsletters, marketing and/or promotional materials. We will also use your Personal Information to send this content to you. If you decide at any time that you no longer wish to receive such communications from us, you can opt-out or customize the type of messages you receive from QALEON by visiting the “Notifications” section under “Account Settings”, or by clicking on the unsubscribe link included at the bottom of QALEON emails, or by emailing us at www.qaleon.com. Please note that any such opt-out applies solely to marketing related emails. QALEON will still need to communicate with you via email with regarding non-marketing related matters related to the Platform and you acknowledge and agree that QALEON has the right to do so.
QALEON ’s Use of Personal Information
QALEON uses Personal Information for the following general purposes:
To provide our products and the Platform,
For billing, identification and authentication, and fraud prevention,
To analyze Site usage and improve our products and the Platform,
To contact you and deliver administrative notices and communications relevant to your use our products and services,
For internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity,
For distribution to third-party contractors that provide services to QALEON and partners of QALEON who are bound by confidentiality obligations with respect to any Personal Information that we share with them,
To enforce our Terms of Service, and
We may employ third party companies and individuals to facilitate our Platform, to provide the services of the Platform on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of the Site’s features) or to assist us in analyzing how our Site and Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third-party agents (“Agents”) receiving your information are bound by confidentiality obligations. QALEON is not responsible for and shall not be liable for any issues that may arise regarding the Privacy Policies of any of its agents, affiliates, advertiser and/or any other third parties. By using this website, you do hereby agree to hold QALEON indemnify, defend and hold harmless QALEON from any claims and/or damages that may arise from the actions of any of QALEON ’s Agents, affiliates and/or advertisers.
Two things drive QALEON ’s decisions regarding the use of information collected from users: 1) improving user experience by offering personalized services, content and advertising, and 2) market research.
QALEON may analyze Personal Information and Web Navigational Data based on your interests and may use the analysis from this information in a way that does not contain any Personal Information (“Market Research”) in order to:
Market the Platform
Improve the likelihood of a sale to a new Users
Increase the likelihood that a User’s experience with the Platform is relevant to its interests
QALEON uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.
QALEON may use your cell phone number to call or text you in order to provide the Platform. If you would like more information about our policy, or to opt out, please review our Terms of Service and email at email@example.com ; by accepting these Terms of Service you are indicating your consent to be contacted at the phone number you have provided for the purposes described above.
When you submit information to QALEON, it is collected, processed and maintained solely by us or by third party Agents who are bound by confidentiality obligations. We may allow our business partners to collect information about Users that is not extremely sensitive Information or legally considered as Personal Data. If you would like to opt out from the onward transfer of your information to our non-agent partners, you may send us an email at firstname.lastname@example.org. Include the word “privacy” in the subject line of the email and all your registration information in the body of the email.
We may share or otherwise use aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Some QALEON content is “sponsored by” or “presented by” other companies. QALEON shares market research data (how the sponsorship performed, names of contest winners, etc.) collected on this website or via email surveys with these partners. This information is aggregated and not linked to specific Users.
QALEON reserves the right to disclose Personal Information from both private and public areas of this website at our discretion, if required by law or if we are given reason to believe, in our sole discretion, that such disclosure is necessary in order to prevent harm to our Platform or our Users or to protect the rights of our Users, the general public, or QALEON , to comply with a judicial proceeding, court order or legal process.
Client-Contractor Communication and Work Product
As part of the Platform, we may collect information and communication transferred between Client and Contractor, including without limitation the Work Product. Such data may include information input, sent or delivered by the Contractor or Client such as a memo, project details and timeline and responses to queries. QALEON may use this information for statistical analysis, product development, marketing and research. Except as noted above, we do not treat information contained in these communications as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
When you visit the Site, whether as a registered user or a non-registered user just browsing the Site (a “User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser software version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Site’s functionality and user-friendliness, to better tailor it to our visitors’ needs, and to detect suspicious activity. These third party service providers have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in association with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding other Non-Identifying Information.
While QALEON takes security and privacy very seriously, QALEON is not a HIPAA Business Associate and the QALEON Platform is not HIPAA-compliant and should not be used to store any protected health information (“PHI”) or any specially protected Personal Information. You agree that you will not upload or store any documents containing PHI. To do so would be a violation of our Terms of Service.
Identity theft and the practice currently known as “phishing” are of great concern to QALEON. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. We suggest advise you not to respond to and to promptly report any email or telephone communication purporting to be from QALEON in which such information is collected.
If you choose to use the Platform as a Contractor, you will be able to create a profile, which will be publicly viewable via the Platform. Such profile information may include, but not limited to, profile picture, name, location, information on jobs previously performed via the Platform and outside the Platform, skills, tests taken, hourly/weekly/monthly pay rates and feedback/rating information. You may edit your Contractor profile via your account.
If you choose to post a job listing via the Platform as a Client, the contents of such job listing will be viewable via the Platform. Job listings may include information such as budget, location, history of job listing by the Client, Client feedback and rating information and timing of job performance. If you choose to apply for a job as a Contractor via the Platform, we will share with the applicable Client information related to your application, including, but not limited to, the information contained in your Client profile.
We collect feedback from users about their experience with other users of the Platform. Please note that any User feedback provided via the Platform will be publicly viewable via the Platform.
Compliance With Laws and Law Enforcement
QALEON cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of QALEON or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
The files have been declared and registered with the General Registration at the Spanish Data Protection Agency/authority, where the User may access to verify the status of said files.
Changing or Deleting Your Information
All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via their accounts. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at email@example.com If you have a Contractor or Client profile on the Platform, you may update the information stored in your profile by logging in to your account. We will use commercially reasonable efforts to honor your request; however, your Personal Information may remain in our archives. We may retain an archived copy of your records as required by law or for proper fulfillment of the legal, contractual, tax or trade obligations or responsibilities of QALEON. Please bear in mind that neither you nor QALEON can delete all copies of information that has been previously shared with others on the Site.
QALEON is very concerned with safeguarding your Personal Information. The security of such Personal Information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems. When you use the Platform to share Work Product and Personal Information, that Work Product and Personal Information will be made available to the Users with whom you agree to share such information. These Users, and not QALEON will be responsible for the privacy and security of your Work Product and Personal Information in accordance with the terms of any arrangement, including, without limitation, any non-disclosure agreement entered into with these other Users.
The Personal Information will be treated according to the adequate security levels as so deemed by the laws in force for Personal Data protection, by implementing the relevant security measures either technical or organizational, to prevent its unauthorized modification, alteration, loss, and unauthorized access or treatment, considering the state of the art, complying with the secrecy obligation that guarantee the confidentiality of said Data.
Links to Other Sites
Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own Cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 16 has provided us with Personal Information, we shall request the parental consent, or that of the legal tutor or legal representative; otherwise we will use commercially reasonable efforts to delete such information from our files.