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Terms of Service

By signing up with the 3DQR platform, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein. This Agreement is between 3DQR (“the service provider”, “us”, “we” or “our”) and all it’s subscribers & users (“the client”, “the customer”, “you”, “your” or “subscriber”). This Agreement and the client’s use of service shall become effective on the date the client submits the order or subscription to the service provider (“Effective Date”).

Agreement Summary

Warranties

The Service provider reserves the right to update and change the Terms of Service at any time and without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

Terminations

You are solely responsible for properly canceling your account. We do not take cancellation requests via email, over the phone or chat. The primary account holder must cancel all accounts through their account. See cancellation instructions.

Anti-Spam Policy

We strictly prohibit any involvement in unsolicited commercial email campaigns, commonly known as spam. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the service provided by the service provider, are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.

Warranties

You understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE 3DQR, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.

We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or loss of data or information. If notwithstanding this clause we are held liable to you. While we take all reasonable precautions to ensure your database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database.

Privacy Policy

The service provider will not rent, sell access or in any way use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.

Copyright

3DQR reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines or might otherwise impair our rights in the logo.

GDPR, Privacy Shield and 3DQR

What is GDPR?

GDPR ( General Data Protection Regulation) is the new set of rules – effective beginning May 25, 2018 – imposed by the European Union on all organizations worldwide that collect or process data about EU citizens.

This section outlines 3DQR’s compliance with our part of GDPR and how we help you comply with your part.

How we help you comply with your part:

GDPR imbues EU citizens with several new rights regarding their personal data and privacy. Some of them relate to how you manage the data you store in your 3DQR account.

These include:

Your other responsibilities as a Data Controller

GDPR imposes other responsibilities on Data Controllers (that’s you) including, but not limited to, sharing your privacy policy and letting people know how you’ll use their data before you collect it. Your attorney can advise you on the full scope of your responsibilities as a Data Controller.

Please note that as part of 3DQR’s Terms of Service, you indemnify 3DQR for any legal responsibility arising out of your failure to comply with GDPR.

Our responsibilities as a Data Processor

As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:

If you have any questions regarding 3DQR’s compliance with GDPR, feel free to contact us at info@3dqr.de

Privacy Shield Policy

3DQR complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and/ or Switzerland to the United States. 3DQR has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification, please visita href=”3DQR complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and/ or Switzerland to the United States. 3DQR has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification, please visit https://www.privacyshield.gov.
Responsibilities and Management
3DQR has designated our legal department to oversee compliance with the EU and Swiss Privacy Shield program and the GDPR. This team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to info@3dqr.de.
3DQR will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the personal data that it collects. 3DQR personnel will receive training, as applicable, to effectively implement this Policy.
Collection and Use of Personal Data
3DQR provides various product services to its customers, some of whom are EU citizens. 3DQR collects personal data from individuals when they purchase our products, fill out a form on our website, login to their account, complete surveys, request information or otherwise communicate with us. For example, 3DQR customers may choose to seek live support or to post to a message board.
The personal data that we collect may vary based on the customer’s interaction with our website and request our services. Generally, 3DQR collects contact information, including names, email and physical addresses, phone numbers, company names and more. We also collect payment information including credit card information. Customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When 3DQR customers or non-customers use our services or website online, we will collect their IP address and browser type, along with contact information and any other information that the person chooses to submit through our website.
The information that we collect from customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to our customers.
3DQR also serves its customers as a service provider. In our capacity as a service provider, we will receive, store, and/or process personal data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to our customers.
3DQR uses the personal data that we collect from our customers for the following business purposes, without limitation:
3DQR does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
Disclosures and Onward Transfer of Personal Data
3DQR discloses personal data only to third parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
3DQR may provide personal data to third parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, 3DQR may store such personal data in the facilities operated by third parties, such as those mentioned in the GDPR section above this Policy. Such third parties must agree to use such personal data only for the purposes for which they have been engaged by 3DQR and they must either:
3DQR may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security law enforcement requirements. 3DQR is liable for appropriate onward transfers of personal data to third parties.
3DQR does not collect Sensitive Data from its customers
In the case of an onward transfer of your data, 3DQR bears responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. 3DQR shall remain liable under the Principles if our agent processes such personal information in a manner inconsistent with the Principles unless we prove that we are not responsible for the event giving rise to the damage.
Data Integrity and Security
3DQR uses reasonable efforts to maintain the accuracy and integrity of personal data and to update it as appropriate. 3DQR has implemented physical and technical safeguards to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored personal data is stored on a secure network with firewall protection, and access to 3DQR’s electronic information systems requires user authentication via password or similar means. 3DQR also employs access restrictions, limiting the scope of employees who have access to personal data.
Further, 3DQR uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
3DQR personnel may access and use personal data only if they are authorized to do so and only for the purpose for which they are authorized.
Right to Access, Change or Delete Personal Data
Changes to this Policy
This policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will notify our customers if we make changes that materially affect the way we handle personal data previously collected, and we will allow them to choose whether their personal data may be used in any materially different manner.
Questions, Complaints, Dispute Resolution
In compliance with the Privacy Shield Principles, 3DQR commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact 3DQR at: info@3dqr.de.
3DQR has further committed to refer unresolved Privacy Shield complaints to the EU data protection authorities, an alternative dispute resolution provider located in the EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to find contact information for your local Data Protection Authority or contact the Swiss Federal Data Protection and Information Commissioner for more information or to file a complaint. The services of these EU DPAs and the Swiss Commissioner are provided at no cost to you.
3DQR commits to cooperate with the panel established by the EU data protection authorities (DPAs) and/ or the Swiss Federal Data Protection and Information Commissioner and to comply with the advice given by the panel and/ or Commissioner with regard to human resources data transferred from the EU or Switzerland.
Arbitration
As a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with the organization and afford the organization an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframe set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.
In addition, this option may not be invoked if an EU Data Protection Authority or the Swiss Commissioner (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization.