Quantate take privacy very seriously. This policy is to ensure that we communicate to You how we treat personal information. We encourage You to read this Policy carefully.
Quantate provides online risk and compliance management software.
The Service involves the storage of Data about a company or individual which may include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address and business role.
Quantate may collect personal information directly from You when You:
If You choose not to provide Your personal information to Quantate, it may mean that we are unable to provide You with the Service.
Through Your use of the Service, You may provide information about someone else. If You provide Quantate with personal information about someone else, You must ensure that You are authorised to disclose that information to Quantate and that, without Quantate taking any further steps required by applicable data protection or privacy laws, Quantate may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, Quantate’s identity, and how to contact Quantate.
Quantate collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, Quantate may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. Quantate will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the “Forgot Password?”process.
By using the Service, You agree that Quantate can access, aggregate and use non-personally identifiable data Quantate has collected from You. This data will in no way identify You or any other individual.
Quantate may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to Quantate’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
For our Freemium and Business Plans our servers are located in New Zealand, primarily within a datacentre run by Vocus Communications, head office in Sydney Australia, and Your personal information will be routed through, and stored on, those servers as part of the Service. Vocus complies Australian National Privacy Principles (‘the NPPs’) under the Privacy Act 1988 (Cth) (‘Privacy Act’). If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
For ‘Enterprise Plan’ client, Data may be stored in either the USA or the EU. In the USA, our data storage partner complies with the relevant aspects of the U.S.-EU Safe Harbor Framework. In the EU, our data storage partner complies with relevant aspects of The Data Protection Directive (officially Directive 95/46/EC).
While Your personal information will be stored on servers located in the datacentres, it will remain within Quantate’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to Quantate, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
Quantate is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities StartCom, and all Data transferred between You and the Service is encrypted. You can find out more about our security arrangements and our data protection measures at www.quantate.com.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
Quantate will not disclose the personal information You have provided to us to any third party.
You should be aware that Quantate may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at firstname.lastname@example.org.
Quantate will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, Quantate utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
Quantate sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. Quantate will remove You at Your request.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
Quantate reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Quantate will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
Last updated: June 2016
Quantate Limited values the data that its clients hold within its hosted environment and maintains this data in a secure, reliable and confidential manner.
The following sections outline Quantate’s approach to achieve this objective.
Quantate’s cloud computing architecture is provided by geographically distributed servers.
Locations are chosen following an assessment of natural hazards and controls provided by the the data centre.
All data is stored within facilities that as a minimum comprise:
Our web and data servers are hardened against viruses, worms, and trojans. Our systems automatically update in response to these vectors and are regularly audited.
Our web servers are protected from malicious attacks and intrusions from outside sources by hardware and software firewalls, and are hardened to NSA guidelines. All external access to our servers is through a single port.
Data is kept synchronised between locations with database mirroring. The databases are identical to the record level and can be switched over whenever needed.
Data is automatically backed up on a daily basis. Back up files are stored on the database server and also copied to the other participant in the mirror. Back up files are tested on a quarterly basis for proof of integrity of back up files and data.
Users must choose a strong password and automatic lockouts are enforced when incorrect passwords are repeatedly entered.
All data transferred between users and the service is encrypted. The encryption is the same as that used for Internet banking.
Our infrastructure is audited by third parties who conduct penetrative testing and server security scans.
No third parties have access to client data. No one has access to client data unless invited by the client.
These Terms are binding on any use of the Service and apply to You from the time that Quantate provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 1 August 2016.
The significant changes from the previous 1 June 2014 edition are:
means the regular fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Quantate may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online risk and compliance software applications made available (as may be changed or updated from time to time by Quantate) via the Website.
means the Internet site at the domain www.quantate.com or any other site operated by Quantate.
means Quantate Limited which is registered in New Zealand, company number 12985082.
means the person or entity that registers to use the Service. For persons, where the context permits, includes any entity on whose behalf that person registers to use the Service. For Business and Enterprise Plans, Subscriber means a business entity, incorporated company, organisation or such.
means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber.
Quantate grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Only the Subscriber and its invited users have the right to access and use the Service. This does not confer the rights for subsidiaries or joint venture parties (unless subject to Agreement established during subscription of an ‘Enterprise Plan’). You must not make it available for other parties. Your contractors and agents may also use the Software and access your Data but only for your business purposes and in accordance with the terms of this agreement.
You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
Payment obligations: Our free service is free. For our paid for services an invoice for the Access Fee will be issued at the frequency selected starting from the date You signed up. All invoices will include the Access Fee for the period in advance. The name that will appear on your statement will be Quantate Limited. Quantate will continue invoicing You at the selected frequency until this Agreement is terminated in accordance with clause 8. All Quantate invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. Entities from New Zealand are responsible for payment of all taxes and duties in addition to the Access Fee. Entities from any other country are exempted from any tax. We may change the fees and charges or add new fees and charges at any time, without prior notice. You are responsible for any fees or charges incurred to access the Service through an Internet service provider or other third party service.
General obligations: You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Quantate or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
Usage Limitations: Use of the Service may be subject to limitations, including but not limited to the number of projects You are permitted to enter against Quantate’s application programming interface. Any such limitations will be advised.
Communication Conditions: As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Quantate is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. Quantate reserves the right to remove any communication at any time in its sole discretion.
Indemnity: You indemnify Quantate against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Quantate, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
4.1 Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law: