This user privacy policy (“Privacy Policy”) governs the collection, use, holding and processing of personal data in connection with your use of the Quiescent Technologies website at www.quiescent-technologies.com (“Website”) which is operated by Quiescent Ltd (referred to below as “Quiescent”, “we”, “us” or “our”).

In our Privacy Policy we have compiled all essential information about our handling of your personal data and your corresponding rights for you.

This Privacy Policy is effective from September 3, 2019

 

We have legal obligations under the laws and regulations of the countries in which we collect, use, hold and/or processes your personal data. This Privacy Policy is designed to provide you with information on how and why we gather your personal data, the type of personal data we collect, what we use this data for, when we might disclose this data and how you can manage your personal data. If you are accessing and using the Website, you are accepting our Privacy Policy set out below. If you do not agree to the terms of this Privacy Policy, please stop accessing or using the Website and do not provide your personal information to us.

By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their publishing on the Website. We will alert you that changes have been made by indicating on this Policy the date it was last updated and by publishing a notice regarding such changes on the Website.

1. COLLECTION OF PERSONAL DATA

    • The following are the most common situations when we may collect and store your Personal Data, and by using the Website, you agree to us collecting your Personal Data through the following means, although these means are not exhaustive:
      • registration to use the Website
      • browsing, using, purchasing products, shopping cart abandonment, subscribing to Quiescent newsletters Website and/or otherwise using  services provided by Quiescent through Website
      • visiting our social media platforms, including but not limited to the Website, Facebook or Instagram page) and creating user-generated contents on those platforms (such as comments, discussions, likes, private messages, etc.)
      • submission of surveys and/or event questionnaires
      • registration for product warranties and maintenance services
      • request for customer service or other assistance on the Website
      • contacting us by email, post, fax or any other means of communication
    • We may also collect your Personal Data from social media sites: when you use the Website or access social media platforms (such as the Quiescent Facebook or Instagram pages) using your Facebook or other social media accounts, we may collect the Personal Data that is made available to us on that page or account including your account ID / username, profile, mobile number and other information and activities about you on Facebook and/or other social media accounts. However, we will endeavour to comply with the privacy policies of the corresponding social media platform and will only collect and store such Personal Data that we are permitted to collect by these social media platforms.
    • In order for you to register for an account on the Website, you must provide us with your name, email address and password. If you wish to purchase products on our Website, you must also provide us with your postal address, telephone number and payment verification information. Otherwise, we will not be able to process any orders for you.
    • If any Personal Data provided by you does not belong or relate to you but to a third party, you hereby agree and confirm that you have provided a copy of this Privacy Policy to the third party to whom the personal data belongs or relates, who has read and agreed to all terms in this Privacy Policy, and that you have authority from such third party to provide the relevant personal data from us.

    2. COLLECTION OF NON-PERSONAL DATA

      • When you use the Website, we and/or our data processors (which process non-personally identifiable data on our behalf) may keep an activity log that does not identify you individually and cannot be used to identify the identity of any particular visitor of the Website. Generally, we collect and store the following categories of data, which shall be considered Non-Personal Data to the extent that they do not fall within the definition of “Personal Data” under any laws applicable to our collection, holding, processing and/or use of your personal data: to the extent that the laws of certain jurisdictions treat this “Non-Personal Data” as Personal Data (for example under EEA Member State laws), Quiescent will comply with those laws, as described elsewhere in this Privacy Policy.
      • Device information about your device that you use to access the Website. This information may include but is not limited to the device name, IP address of your device, your device’s operating system and version, your router name SSID (Service Set Identifier), the type of Internet browser you use, the browser configuration, the geo-location information and other unique device identifiers of the device accessing the Website, browsing preferences such as region, language settings, etc.
      • Information about your use of the Website including without limitation the specific actions you take on the Website, the number of new or returning visits, statistics on the pages visited and referred, a reading history of the pages you have viewed, search terms used and search results, error and crash statistics, traffic data (such as time and date of access).
      • We may collect, use and share to third parties (including those specified under section 7 below) this Non-Personal Data, including for customising, enhancing, optimising, maintaining and/or improving the quality of the Website, such as for determining the optimal screen resolution, language and font settings. To the extent that the above Non-Personal Data do not amount to personal data under any law applicable to our collection, holding, processing and/or use of your Personal Data, this Privacy Policy in no way restricts or limits our collection, use, handling and provision of such Non-Personal Data.
      • We use web analytics services to obtain various types of non-personally identifiable demographics information from our Website users including, but not limited to, gender, age, location and interests of our Website users. This information is obtained for us to operate, maintain and/or improve the Website.

      3. COLLECTION OF YOUR SOURCE IP ADDRESS/LOCATION INFORMATION

        • We use geo-location data for customising, providing and improving our services and your browsing experience on the Website. If you enable this feature, the current location of your device will be stored locally on your mobile device which will be used by the Website to serve you certain contents tied to the relevant location. If you elect to have your location-based searches saved to your history, we will store such information on our servers. You can choose to turn off location tracking at any time by changing the settings on your browser and/or device. This will not affect your ability to access or use the Quiescent Website, but it may mean that we will serve you with contents that are less relevant to your location.
        • We may share the geo-location data of your device with our data processors for customising, providing and improving our services and your browsing experience on the Website. When this type of data is shared with our data processors for the above purposes, the data does not individually identify you, and the other parties do not have access to your personally identifiable information.

        4. HOW WE USE COOKIES

          • You should be aware that when you use our Website, we may collect information by using cookies, web beacons or unique device identifiers to identify your device that is accessing the Website. Cookies are small text files that are stored on your device when you access the Website and they record your preferences and actions when accessing the same. We use cookies to track the use of and the browsing behaviour on the Website, as well as to monitor traffic and to customize, enhance and optimize your browsing experience Website. Cookies do not recognize you personally and are not harmful to your device. None of the cookies that we use contain information such as your real name or address, so you cannot be identified personally by them.
          • Most browsers are initially set up to accept cookies. You can manage and adjust your cookies settings at any time by changing the browser settings for your device to disable cookies or clear all cookies and web browsing histories. If you choose to decline or disable cookies on your device, certain features and functionality of the Website may not work properly. For example, the items added to your shopping cart may be deleted once you exit the Website.


          We use the following types of cookies when you access our Website:

            • Essential cookies 
              These cookies enable you to use our Website and they are essential to enable you to browse and use certain features. Disabling them may prevent you from using certain parts of the Website. These cookies also help keep our Website safe and secure.
               
            • Preference cookies
              These cookies store information such as your location data and language selection, login data and preferences. Without these cookies, our Website may not be able to remember certain choices you have previously made or personalise your browsing experience by providing you with relevant information. These cookies can also be used to recognize your device so that you do not have to provide the same information more than once.
               
            • Performance cookies
              These cookies collect information about how you use our Website such as which pages you visit regularly. These cookies are used to provide you with a high-quality experience by tracking page load, Website response times, and error messages. They are also used to gather feedback on customer satisfaction through surveys.

          5. HOW WE USE YOUR DATA

            We may use your Personal Data and Non-Personal Data in the following ways:

            • register, verify and manage your account on the Website
            • facilitate your log-in access to the Website including through the use of cookies, as described above, e.g. establish and maintain your logged-on identity so that you can conveniently browse, access and use the Website without being requested to log-on repeatedly
            • processing your purchase orders and contacting you regarding your purchase orders as defined in our Shipping Policy in addition to arranging delivery of the purchased goods
            • copying, distributing, publishing, sharing or otherwise exploiting your user-generated contents in whole or in part through the Website, other social media accounts (such as Quiescent’s Facebook and/or Instagram Page) or any other marketing campaigns conducted by Quiescent
            • providing product warranty and maintenance services and customer and/or technical support to you
            • communicating with you about your account and sending you information about our products and services
            • operating, monitoring, customizing, enhancing, maintaining, optimizing and/or improving the Website and/or our goods and/or services offered and customizing, providing and improving our services and your browsing experience on the Website
            • obtaining various types of demographic information Website that we use to operate, maintain and/or improve the Website
            • reviewing and customizing the advertising and content of the Website
            • reviewing, improving and strengthening our marketing strategies, including without limitation to formulating and/or conducting market analysis and research, such as interviews and focus groups
            • administering contests, competitions and promotions including informing you of a prize you have won
            • managing and responding to your comments and inquiries submitted to us
            • communicating with you about changes to our policies or terms and conditions
            • detecting, investigating and preventing activities that may violate our terms and conditions, policies or may be illegal
            • compile, process and generate statistics and crash reports for the Website and performing statistical, demographic, and marketing analyses of our customers as well as users of the Website
            • compile, maintain and update our database of account holders and users on the Website
            • our customer relationship management (such as conducting consumer satisfaction surveys) as well as other internal management or administrative purposes in relation to the Website

            6. DIRECT MARKETING

              • We use your Personal Data in direct marketing, but we will not do so without obtaining your prior consent. We and/or our data processors acting for and on our behalf of Quiescent may collect and use your name, gender, birthday, email and postal address, telephone number, company, job title, education, marital status, interests and purchase activity to provide you with information regarding our audio and electronic goods and services, if you choose to allow us to do so.
              • Our direct marketing activities may include communication by post, telephone or email about our Website, our products, services, newsletters, events, contests, competitions, surveys, offers and promotions connected with the audio and/or electronic goods and services provided by us.
              • When you first register for an account on the Website or when you first provide your personal information to us through other means of communication such as email, if you do not want your Personal Data to be used for direct marketing purposes, please ensure you do not tick the checkbox which allows you to opt into our newsletters and/or direct marketing activities.
              • You may also change your mind and request that we stop sending you direct marking materials/communications or to cease using or providing your Personal Data for any direct marketing purposes at any time by following the opt-out / unsubscribe facility provided in our marketing materials or by emailing us at privacy@quiescent-technologies.com. We will, at no cost to you, act on your request within 7 working days in order to ensure that you are not included in future direct marketing promotions.
              • We do not share, sell, transfer, provide, rent or trade Personal Data to or with third parties for their own direct marketing purposes unless we have obtained your consent in accordance with the requirements under the applicable law.

              7. WHO DO WE SHARE YOUR DATA WITH? 

                We take measures to keep your Personal Data secure and confidential. We may share your Personal Data with the following third parties, and will only seek your consent to do so if this is required by your local law:

                • third party logistics company in order to arrange delivery of the goods you have purchased from our Website
                • agents, contractors or other third-party service providers providing administrative, telecommunications, computer, payment, fraud prevention, insurance, data processing or other services to us in connection with the operation of our business (such as professional advisors, telemarketing companies, call center service providers, or data entry companies)
                • e-commerce platform providers on which Quiescent sells and/or offers its products for sale for the purpose of processing your purchase orders, sales delivery and conducting Quiescent marketing campaigns.
                • The above parties will only process your Personal Data for and on our behalf as set out in our Privacy Policy and will not process your Personal Data for their own purposes. They owe a duty of confidentiality to us and we require them to contractually agree to hold, process and use your Personal Data in compliance with this Privacy Policy and in accordance with our instructions.
                • We may also share your Personal Data with third party businesses in the event that all or substantially all of our assets are sold or transferred to another party, or another transaction occurs in which your personal information is one of the business assets transferred.
                • In addition, we may also share your Personal Data to third party websites, mobile apps or social media platforms (“Third Party Services”) if you choose to link or otherwise connect your Quiescent membership account with such Third Party Services. If you choose to connect your Quiescent membership account with any Third Party Services such as Facebook, you will be sharing your Personal Data with these Third Party Services. We are not responsible for, have no control over and shall not be liable for how the Third Party Services will use, process or share your Personal Data. You should make sure you read and agree to their respective privacy policies before connecting with any Third Party Services and only connect your Quiescent membership account with Third Party Services that you trust.
                • In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
                • Certain providers may be located in or have facilities that are located in a different jurisdiction than you or us. If you proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation including the Patriot Act.
                • To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
                • We may also disclose your Personal Data to law enforcement agencies, regulatory bodies, or other people or entities if such disclosure is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request including but not limited to those under the applicable law; (ii) detect, prevent or otherwise address fraud or security issues; or (iii) protect against harm to the rights, property or safety of us, our subsidiaries, affiliates or the public as required or permitted by law.

                8. DATA SECURITY

                  • Physical records of your Personal Data will be stored in a secure location with restricted access. Electronic copies of your Personal Data will be stored on servers maintained by us and/or our third party service providers, which are situated in secure locations and protected by adequate data security measures (for example, sensitive data is encrypted before being transmitted over the Internet). The Website and the computers and servers that supply data to the Website incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the Personal Data that we may collect and we have put into place reasonable precautions to protect such information from loss, destruction, misuse, unauthorized access, disclosure and alteration.
                  • We take reasonable administrative, physical and electronic measures designed to safeguard and protect your information from unauthorized access or disclosure. This includes utilizing Secure Sockets Layer (SSL) software, which encrypts the Personal Data and information you input (such as Website log-in details), and storing your information in an encrypted form behind a firewall designed to block access from outside our network.
                  • If you choose a direct payment gateway to complete your purchase, we and/or our data processors stores your credit card data. This data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After completion your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council which, is a joint effort between Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
                  • If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption.
                  • Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards to protect your data.

                  9. STORAGE OR PROCESSING OF DATA

                    The information that we collect may be stored or processed on computers or servers located in Canada, United Kingdom, United States in addition to any country where we conduct business. If you are accessing the Website by providing us with your Personal Data or by accessing and using the Website, you consent to the transfer of your Personal Data to our facilities outside of the country in which you have provided your Personal Data to us. If you proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation including the Patriot Act.

                      10. YOUR OBLIGATION TO KEEP YOUR ACCESS SECURE

                        If you register an account on our Website, you are entirely responsible for ensuring and protecting the security and confidentiality of your password and account. You are also entirely responsible for any and all activities that use your account and we shall not be held liable for any claims, loss or damage resulting from a breach of the foregoing or any unauthorised use. 

                          11. DATA RETENTION

                            We will not keep your Personal Data for longer than is necessary to fulfil the purposes and any directly-related purposes for which such Personal Data is collected. We will take into account any legal obligations that require us to retain the Personal Data for a certain period of time as well as the duration of your use of our Website. If you wish to de-register from our Website, amend or update your Personal Data, or request that we no longer use your Personal Data to provide you with the information or services you have requested, please contact us at sales@quiescent-technologies.com.

                             

                             

                            12. LINKS TO THIRD PARTY WEBSITES

                              • Our Website may contain links to third party websites. These links are provided solely as a convenience. Quiescent does not endorse any third party websites. Access to any other website through any links provided on our Website is at your own risk and Quiescent is not responsible for the content of any such websites or the accuracy or reliability of any information, data or other contents of those websites. We encourage you to consult the privacy policies of any third party websites that you visit.
                              • Once you leave our store’s website or are redirected to a third-party webWebsite or application, you are no longer governed by this Privacy Policy or our Terms and of Conditions.

                              13. ACCESS TO, UPDATE AND WITHDRAWAL USE OF PERSONAL DATA

                                If you are accessing the Website, you may exercise your right to know whether we hold your Personal Data, what type of Personal Data is held and request access to, correction of, or deletion of your Personal Data held by us. If you wish to:

                                • have access to your Personal Data for which, we may charge a reasonable fee for complying with your request
                                • correct any Personal Data relating to you which is inaccurate; or
                                • withdraw your consent to the use of your Personal Data by us (withdrawing consent may affect your access and use of our Website),

                                you may send such requests or inquiries to us at privacy@quiescent-technologies.com.

                                If you are accessing the Website from inside the EEA (i.e. including an EU Member State), please see Section 15, below, for information about your rights as a data subject.

                                14. CONTROLLING YOUR PERSONAL DATA

                                  • You may stop our collection of information by the Website by ceasing to use the Website.
                                  • You may always opt-out of receiving communications from us. We provide you with the opportunity to opt-out of receiving communications at the point where we request information about you and/or provide communications to you, or you can contact us via privacy@quiescent-technologies.com.

                                  15. USERS FROM THE EUROPEAN UNION

                                    This section of the Policy only applies if you are accessing and using our Website within the EEA (including an EU Member State). It is a supplement to the information in the rest of the Privacy Policy.

                                    Quiescent Ltd is the data controller in respect of the processing of users’ Personal Data collected through the Website.

                                    15.1 LEGAL BASIS FOR PROCESSING OF PERSONAL DATA

                                    We describe in Sections 1-4 what types of Personal Data we collect from you. In Sections 5-7, we describe the purposes for which we use and process that Personal Data. In this section we set out the legal basis on which we rely for processing the Personal Data.

                                    We rely on the following legal basis for processing Personal Data about you when you visit our Website from within the EEA (including an EU Member State):

                                    IT IS IN OUR INTEREST TO:

                                    • Process your contact information, user name and password for the purposes of registering you on our Website, verifying and managing your account, including sending you information about your account.
                                    • Process your name and contact details as described in this Privacy Policy in order to provide you with information that you seek from Quiescent about our products and services, contacting you with information regarding purchases you have made with us and arranging delivery of products in addition to customer service support information and information about changes to our policies or terms and conditions.
                                    • Process your information such as gender, date of birth, location, company, job title, education, marital status and interests, when you choose to provide some or all of this information to us, in order to understand the demographics of users of our Website and to verify your account.
                                    • Process information that you choose to publish on our Website or our social media platforms in order to contribute to our marketing campaigns.
                                    • Process your financial information (including account information and purchase activity) in order to fulfil your orders and in order to prevent fraud and other illegal activities on our Website.
                                    • Using information about your visits to and usage of our Website and/or App (including your IP address, browsing preferences, device information, unique device identifiers, geolocation information and other information about your use of the Website), visits to the Quiescent Consultant locations and information you provide us in surveys, marketing research questionnaires and/or focus groups in which you choose to participate in order to customise, enhance and optimise your experience on the Website and/or to help us to provide, maintain, optimize and improve the Website and improve your experience with Quiescent products and services.
                                    • Monitor compliance with our terms and conditions of use on our Website and monitor any illegal activity on our Website.
                                    • Performing a contract that we have entered into with you to provide you with the information, products or services that you have requested or purchased from us (or won, in the case of contests, competitions or promotions that you have chosen to enter), including fulfilling our maintenance services and customer and/or technical support services obligations to you.
                                    • Complying with applicable laws and regulations and our legal obligations such as accounting and tax requirements.
                                    • Where necessary, we will procure your consent for processing certain Personal Data (for example, with respect to electronic marketing communications, as described in Section 3, above, and with respect to the use of geolocation data, if you choose to enable location tracking on your device, as described in Section 1.3, above). If we process your Personal Data on the basis of your consent, you may subsequently withdraw that consent at any time by the means indicated at the time consent is procured and/or by emailing us at privacy@quiescent-technologies.com. This does not affect the lawfulness of the processing that occurred on the basis of your earlier consent, before its withdrawal.

                                    You are not required to provide Quiescent with Personal Data when you visit or use our Website or when you visit Quiescent Consultant locations, but if you do not do so in the circumstances described above, we will not be able to provide you with certain information you request or with all of our products and services, and you will not be able to use all the features of our Website.