Legal Terms

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

 

  • Conditions of Use
  • Fee Agreement
  • Terminations
  • Anti-Spam Policy
  • Warranties

 


 

Conditions of Use

 

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.

 

  • You must be 13 years or older to use this Service.
  • You must be human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your full legal name, a valid email address, and any further information requested to complete the signup process.
  • One person may only use your login – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.  
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  • One person or legal entity may not maintain more than one account. You may not assign your rights under this Agreement without our prior written consent.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • We may remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You may not post sexual graphic content on the Service. While we prohibit such conduct and content on the Service, you understand and agree that we cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
  • You must use our system in a manner that is ethical and in conformity with community standards.
  • You will respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users), nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user.
  • You will respect the legal protection provided by copyright law, trade secret law or other laws protecting intellectual property.
  • You will accept notifications of service changes, commercial email and similar offers presented through the 3DQR system or via email.
  • You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages (See Anti-Spam Policy).
  • You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, us, or our any other service.
  • You must not transmit any worms, viruses or any code of a destructive nature.
  • This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we (which we exercise only in the case of violations of our Spam rules, but which we reserve for any reason whatsoever).  
  • GDPR Authorisation to use sub-processors: 3DQR uses sub-processors as a routine part of offering our service. As a Data Controller, you agree to our use of GDPR compliant sub-processors. We maintain a list of sub-processors below for your review.
  • GDPR Indemnification: By using 3DQR’s software, you agree to indemnify 3DQR  for any legal responsibility and against any claims regarding your GDPR compliance. 3DQR attests that we comply with GDPR as a Data Processor, but does not and can not ensure your compliance as a Data Controller.

 


 

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.

 

  • All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be changed again.
  • We have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. we reserve the right to refuse service to anyone for any reason at any time.

 


 

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.

 

  • You are only permitted to send email to contacts that have specifically requested to receive an email from you.
  • You may not add email addresses to our service, that you rented, purchased or “scraped”. This includes a list of ‘opt-in leads’ or got a list of names and emails from your Chamber of Commerce, etc..
  • We in no way participate in mass unsolicited emailing (i.e. spamming), and all Partners are expected to adhere to this policy as well. Violation of this policy will result in the termination of your contract and immediate dismissal from the Partner Program.
  • No refunds or pending commissions will be provided to anyone whose account is terminated for violating this policy.

 


 

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.

 

  • We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, approximate location, IP address, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service.
  • We ask for information such as your name, company name, email address, billing address and credit card information for users of our services.  We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
  • A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies are required to use our service.  We use cookies to record current session information, but do not use permanent cookies.
  • We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data.
  • We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.
  • We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site. This includes the transfer of data in the event 3DQR is acquired by or merged with another company.

 


 

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.

 

  • As a general rule, third parties may not use the 3DQR logo, unless we provide approved logo artwork.
  • The logo may not be used in any manner that might imply that any non-3DQR materials, including but not limited to goods, services, websites, or publications, are sponsored, endorsed, licensed by or affiliated with 3DQR.
  • The logo may not be displayed as a primary or prominent feature on any non-3DQR materials. Companies using the logo under these guidelines must also display in the primary and more prominent position, their logo(s), business name, product names, or another branding.
  • The logo may not be imitated or used as a design feature in any manner.
  • The logo may not be used in a manner that would disparage 3DQR or its products or services.
  • Neither the logo nor any part of the 3DQR name may be used in any other company name, product name, service name, domain name, website title, publication title, or the like.
  • Non-3DQR materials should not mimic any 3DQR advertising, product packaging, or website design.
  • The logo must be used as provided by 3DQR with no changes, including but not limited to changes in the color, proportion, or design, or removal of any words or artwork. The logo may not be animated, morphed, or otherwise distorted in perspective or appearance.
  • The logo must stand alone and may not be combined with any other object, including but not limited to other logos, words, graphics, photos, slogans, numbers, design features, or symbols. The logo must never be used to represent the word 3DQR in a text, including in a headline, product-name logotype, or body copy.
  • The logo must not be incorporated or used in any manner as part of or close to another company’s name, domain name, product or service name, logo, trade dress, design, slogan or other trademarks.
  • The look and feel of the Service is copyright ©2016-2019 3DQR, All rights reserved. You may not duplicate, copy or reuse any portion of the application.
  • 3DQR further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law. For real, don’t mess with the logo or our trademarked name.

 


 

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:

 

  • Right of access: Individuals can ask to see the information you have stored about them. You can honor those requests by exporting their contact data on request and sending it to them.
  • Right to recertification: Individuals can ask to have the data you stored about them updated. You can honor those requests with forms or by manually updating their data in the 3DQR Platform.
  • Right to erasure:  Individuals can ask to have their data erased. You can honor those requests by deleting their records in the 3DQR Platform.
  • Right to restrict processing: Individuals can ask you to stop processing their data. When they do, all you’ll be allowed to do with that data is to store it. For simplicity’s sake, we’d recommend deleting the data of contacts who exercise this right.
  • Right to data portability: Individuals can ask to have their data sent to another Data Controller. You can honor those requests by sending the data via CSV after export from the 3DQR Platform.

 

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:

 

  • Managing Data Processing – 3DQR has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. 3DQR will only process personal data on instructions from the controller and inform the controller if it believes said instruction infringes on the GDPR (28.3).
  • Accountability and Governance  3DQR will maintain all applicable PCI-DSS requirements to the extent that we possess, store, process, or transmit cardholder data on behalf of the customer, or to the extent that we could impact the security of the customer’s cardholder data environment. As a PCI-compliant handler of sensitive consumer data, 3DQR is subject to — and adheres to — incredibly strict and detailed physical, technical and organizational data management and security policies. 3DQR takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1).
  • Authorized Use of Bub-Processors – 3DQR uses sub-processors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be a 3DQR Platform user (28.2).
  • Maintain Records of Processing Activities – 3DQR is unique in the level of detail we record and display to you about data processing activity in your account.
  • Notification of Breach -3DQR will comply with the GDPR with respect to any data breach (33.2).

 

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 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:

 

  • maintaining and supporting our products, delivering and providing the requested products/services, and complying with our contractual obligations (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a customer);
  • satisfying governmental reporting, tax, and other requirements (e.g., import/export);
  • storing and processing data in computer databases and servers located in the EU;
  • verifying identity (e.g., for online access to accounts);
  • as requested by our customers;
  • for other business-related purposes permitted or required under applicable law and regulation;
  • and as otherwise required by law.

 

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:

 

  • comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of personal data;
  • or agree to provide adequate protection for the personal data that are no less protective than those set out in this Policy;

 

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

 

  • Right to Access – Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which 3DQR collected it. Customers may review their own personal data stored in the databases and correct, erase or block any data that is incorrect, as permitted by applicable law and 3DQR policies. Upon reasonable request and as required by the Privacy Shield principles, 3DQR allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting 3DQR by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete and accurate information. To request erasure of personal data, customers should submit a written request to info@3dqr.de.
  • Requests for Personal Data – 3DQR will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise; (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulations; or (b) requests received from Data Subject. If 3DQR receives a request for access to his/her personal data from a customer, then, unless otherwise required under law or by contract with such customer, 3DQR will refer such Data Subject to the customer.
  • Satisfying Requests for Access, Modifications and Corrections – 3DQR will endeavor to respond in a timely manner to all reasonable written requests to view, modify or inactivate 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.