PRIVACY POLICY

QALEON Solution, S.L. («QALEON «, «our», «we» or «us») provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website located at www.qaleon.com (the «Site»), subdomains, and related software, services, features and content (collectively, the » QALEON Platform» or the «Platform»). This Privacy Policy applies only to information you provide to us through the Platform. A user of the Platform or the Site, whether as a registered user or as an unregistered user who simply browses the Site, is hereinafter referred to as «User», or collectively, «Users».

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly to be aware of any changes. Unless otherwise defined in this Privacy Policy, the terms used herein have the same meaning as in our QALEON Terms of Service, accessible at: www.qaleon.com. Capitalised terms used herein but not otherwise defined shall have the definitions provided in the Terms of Service. As used in this policy, the terms «use» and «process» information include the use of Cookies (defined below) on a computer, subjecting information to statistical or other analysis, and using or handling information in any manner, including but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organisation or among the affiliates or partners we establish.

In accordance with applicable personal data legislation, namely Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD), this Policy informs Users about the processing of their personal data and digital rights.

Collection and Use of Information

Our primary objectives in collecting, using and processing information through the Platform are to provide users with access to and use of our Platform, to improve and continue developing our Platform, and to enable users to enjoy and navigate the Site easily.

Personally Identifiable Information

During use of the Platform (whether as a Client or as a Contractor), we may ask you to provide us with, or grant us access to or permission to obtain, certain personally identifiable information that may be used to contact or identify you; personally identifiable information may include, but is not limited to, your name, company name, email address, postal address, work experience and interests, and telephone number («Information»).

If you use the Platform to make payments, we will also collect certain personal information such as credit card information, Swipe, PayPal or other financial account information, and billing address.

We may collect additional personal information to validate your identity, and we may authenticate it in accordance with applicable legislation at any given time.

As described in greater detail in our Terms of Service, you may register or enter data into our Platform directly through the Website or by logging into your account with certain third-party social networking services (including, but not limited to, LinkedIn or Facebook) («SNS» – Social Network Sites) through our Website. If you choose to enter data through an SNS, we will use the personal information you have provided to the SNS (such as your «real» name, email address, gender, prior experience and other information you make publicly available through the SNS) to modify and update your account; the information we extract may depend on the privacy settings you have with the SNS. Apart from what we may share with the SNS as described below, the personal information an SNS holds about you is obtained by the SNS independently of our Platform, and QALEON is not responsible for its accuracy, legality or non-infringement.

You may link your QALEON account to your SNS account, in which case the SNS may share certain information about you with other SNS users, as well as share certain information about other SNS users with you. You represent that you are authorised to use your SNS account for the purposes described herein without breaching any of the terms and conditions governing the SNS, and without obliging QALEON to pay any fees or causing QALEON to be subject to any usage limitations imposed by such SNS. You may disable the link between your QALEON account and your SNS account at any time through the «Settings» section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. If your SNS account is terminated, the features enabled through the link between your QALEON account and your SNS account will also be terminated.

We also collect other information you provide in connection with your use of the Platform (for example, postal code (by itself) and individual preferences) («Non-Identifiable Information»). We collect additional non-identifiable information from clients in the form of information related to jobs posted through the Platform (for example, budget, location, job listing history, job performance time, and feedback/rating information). We also collect additional non-identifiable information from contractors in connection with their profiles (for example, information about previously completed jobs, skills, tests taken, hourly payment rates, and review and rating information).

We use your personal information (in some cases, together with your non-identifiable information) primarily to provide the Platform, complete your transactions and administer your enquiries.

Certain Non-Identifiable Information would be considered part of your Personal Information if combined with other identifiers (for example, combining your postal code with your address) in a way that enables you to be identified. However, the same pieces of information are considered Non-Identifiable Information when taken alone or combined only with other non-identifiable information (for example, your display preferences). We may combine your Personal Information with Non-Identifiable Information and aggregate it with information collected from other QALEON Users in order to attempt to provide you with a better experience, improve the quality and value of the Platform, and analyse and understand how our Site and Platform are used, and to generate general industry analyses. We may also use the combined information without aggregating it to serve you specifically, for example, to deliver a product to you in accordance with your preferences or restrictions.

When you register, as applicable, on the relevant QALEON Platform, you will opt in to receive emails, newsletters, marketing and/or promotional materials from QALEON. We will also use your personal information to send you this content. If you decide at any time that you no longer wish to receive such communications from us, you may opt out or customise the type of messages you receive from QALEON by visiting the «Notifications» section in «Account Settings», by clicking the unsubscribe link included at the bottom of QALEON emails, or by emailing us at info@qaleon.com. Please note that any such opt-out applies only to marketing-related emails. QALEON will still need to communicate with you by email regarding non-marketing matters related to the Platform, and you acknowledge and agree that QALEON has the right to do so.

Use of Personal Information by QALEON

QALEON uses personal information for the following general purposes:

  • To provide our products and the Platform,
  • For billing, identification and authentication, and fraud prevention,
  • To analyse Site usage and improve our products and the Platform,
  • To contact you and deliver administrative notices and communications relevant to the use of our products and services,
  • For internal market research, troubleshooting, and the detection and protection against error, fraud or other criminal activity,
  • For distribution to third-party contractors providing services to QALEON and to QALEON partners who are bound by confidentiality obligations with respect to any personal information we share with them,
  • To enforce our Terms of Service, and as set out in the Privacy Policy.

We may engage third-party companies and individuals to facilitate our Platform, to provide Platform services on our behalf, to perform Site-related services (for example, without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and Site feature improvement) or to assist us in analysing how our Site and Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third-party agents («Agents») who receive your information are required to comply with confidentiality obligations, QALEON is not responsible and shall not be liable for any issues that may arise in connection with the Privacy Policies of any of its agents, affiliates, advertisers and/or any other third parties. By using this website, you agree to indemnify, defend and hold harmless QALEON from any claims and/or damages that may arise from the actions of any of X QALEON ‘s agents, affiliates and/or advertisers.

Two things drive QALEON decisions regarding the use of information collected from users: 1) improving the user experience by offering personalised services, content and advertising, and 2) market research.

Advertising is a standard part of the user experience on the Internet, and QALEON believes that targeted advertising enhances this experience. QALEON may use Cookies (defined below) and other technologies and personal information to place advertisements where they believe interested parties will see them. In addition to banner advertising, QALEON may advertise products, companies and events that we believe may be of interest to you through the email address you provide.

QALEON may analyse Personal Information and Web Browsing Data based on your interests and may use the analysis of this information in a manner that does not contain any Personal Information («Market Research») for the purposes of:

  • Marketing the Platform
  • Improving the likelihood of a sale to a new user
  • Increasing the likelihood that a user’s experience with the Platform will be relevant to their interests

QALEON uses data at an individual level to sell products and services to users who express an interest in these products and services, through a survey for example, or to users who can be assumed to have an interest based on QALEON ‘s market research.

QALEON may use your mobile phone number to call or send you a text message in order to provide the Platform. If you would like more information about our policy, or to opt out, please review our Terms of Service and send an email to info@qaleon.com; by accepting these Terms of Service you are indicating your consent to be contacted at the telephone number you have provided for the purposes described above.

Sharing Information

When you submit information to QALEON, it is collected, processed and maintained solely by us or by third-party agents who are bound by confidentiality obligations. We may allow our business partners to collect information about users that is not highly sensitive information or legally considered personal data. If you wish to opt out of having your information transferred to our non-agent partners, you may send us an email at dataprotection@qaleon.com. Include the word «privacy» in the email subject line and all of your registration information in the body of the email.

We may share or otherwise use aggregated information that does not include personal information, and we may otherwise disclose non-identifiable information and log data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Some QALEON content is «sponsored by» or «presented by» other companies. QALEON shares market research data (how the sponsorship was conducted, names of contest winners, etc.) collected on this website or through email surveys with these partners. This information is aggregated and is not linked to specific users.

Partners may sponsor promotions, contests and sweepstakes that require you to disclose details such as your name, address or telephone number. When a contest or sweepstake sponsored by a Partner is made available through our Platform, it will contain a link to the Partner’s privacy policy. Always review their privacy policy before disclosing information about yourself. If you do not want these sponsors to have your personal information, you may choose not to participate in their contests, sweepstakes and other offerings.

QALEON reserves the right to disclose Personal Information from the private and public areas of this website at our discretion, if required by law or if we are given reason to believe, at our sole discretion, that such disclosure is necessary to prevent harm to our Platform or our Users, or to protect the rights of our Users, the general public, or QALEON, to comply with a legal proceeding, court order or legal process.

Finally, QALEON reserves the right to transfer, sell and/or distribute all information collected through the Platform to an affiliate, subsidiary or third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or shares. We will require the new entity to follow this Privacy Policy with respect to your Personal Information, as and to the extent required by applicable law, unless and until you consent to a different privacy policy from the new entity.

Client-Contractor Communication and Work Product

As part of the Platform, we may collect information and communications transferred between the Client and the Contractor, including without limitation Work Product. Such data may include information entered, sent or delivered by the Contractor or the Client, such as a memorandum, project details and timeline, and responses to enquiries. QALEON may use this information for statistical analysis, product development, marketing and research. Except as stated above, we do not treat the information contained in these communications as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyse and evaluate such information for the same purposes as set out above with respect to other Non-Identifiable Information.

Log Data

When you visit the Site, whether as a registered user or as an unregistered user who only browses the Site (a «User»), our servers automatically record information that your browser sends each time you visit a website («Log Data»). This Log Data may include information such as your computer’s Internet Protocol («IP») address, browser type, browser software version, or the web page you were visiting before arriving at our Site, pages of our Site that you visit, the time spent on those pages, the information you search for on our Site, access times and dates, and other statistics. Additionally, we may use third-party services, such as Google Analytics, that collect, monitor and analyse this type of information to increase the functionality and ease of use of our Site, to better tailor it to the needs of our visitors and to detect suspicious activity. These third-party service providers have their own privacy policies addressing the manner in which they use such information. We do not treat Log Data as personal information, but we may use it in association with personal information, and we may aggregate, analyse and evaluate such Log Data for the same purposes as set out above with respect to other non-identifiable information.

Cookies

Like many websites, we use «Cookies», a small data file that we transfer to your computer’s hard drive for record-keeping purposes, to collect information. We use Cookies for two purposes. First, we use persistent Cookies to save your registration ID and login password for future logins to the site and to track your compliance with our market policies. Second, we use session identification cookies to enable certain site features, to better understand how you interact with the site and to monitor aggregate usage by QALEON users and web traffic routing on the site. Unlike persistent Cookies, session Cookies are deleted from your computer when you log off the Site and Platform and then close your browser. You may instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. However, if you do not accept Cookies, you may not be able to use all parts of the Site or all functionality of the Platform.

No PHI

Although QALEON takes security and privacy very seriously, QALEON is not a HIPAA business associate and the QALEON platform is not HIPAA-compliant and should not be used to store any protected health information («PHI») or any specially protected personal information. You agree that you will not upload or store any document containing PHI. Doing so would be a violation of our Terms of Service.

Phishing

Identity theft and the practice currently known as «phishing» are of great concern to QALEON. Safeguarding information to help protect against identity theft is a priority. We do not and will not at any time request your credit card information, account ID, login password or national identification numbers in an unsecured or unsolicited email or telephone communication. We advise you not to respond to and to promptly report any email or telephone communication purporting to be from QALEON in which such information is collected.

Contractor Profiles

If you choose to use the Platform as a Contractor, you will be able to create a profile, which will be publicly visible through the Platform. Such profile information may include, but is not limited to, profile photo, name, location, information about jobs previously completed through the Platform and outside of it, skills, tests taken, hourly/weekly/monthly payment rates, and feedback/rating information. You may edit your Contractor profile through your account.

Jobs

If you choose to post a job listing through the Platform as a Client, the content of that job listing will be visible through the Platform. Job listings may include information such as budget, location, the Client’s job listing history, Client feedback and rating information, and job execution time. If you choose to apply for a job as a Contractor through the Platform, we will share with the relevant Client information related to your application, including but not limited to the information contained in your Client profile.

Feedback

We collect user feedback about their experience with other users of the Platform. Please note that any user feedback provided through the Platform will be publicly visible through the Platform.

Compliance with Laws and Law Enforcement

QALEON cooperates with government, law enforcement authorities and private entities to enforce the law. We will disclose information to administrative or judicial law enforcement authorities or to legally empowered private entities as deemed necessary or appropriate, at QALEON ‘s discretion, to respond to claims and legal proceedings (including but not limited to subpoenas), to protect the property and rights of QALEON or a third party, to protect public safety or the safety of any person, or to prevent or stop activity that may be considered to be, or that poses a risk of being, illegal, unethical or legally actionable.

Modifying or Deleting Your Data

All registered users may review, update, correct or delete personal information in their registration profile by contacting us or by making modifications through their accounts. If you completely delete all such information, your account may be deactivated. If you would like us to delete your account from our system, please contact us at dataprotection@qaleon.com. If you have a Contractor or Client profile on the Platform, you may update the information stored in your profile by logging into your account. We will make all commercially reasonable efforts to comply with your request; however, your personal information may remain in our records. We may retain an archived copy of your records as required by law or for the proper fulfilment of QALEON ‘s legal, contractual, tax or business obligations or liabilities. Please note that neither you nor QALEON can delete all copies of information that has previously been shared with others on the Site.

Security

QALEON is deeply committed to safeguarding your personal information. The security of such personal information is important to us. However, please remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as a credit card number or social security number) into our registration or order forms, we encrypt that information using Secure Socket Layer (SSL) technology. In some cases, we also encrypt sensitive information when it is stored in our systems. When the Platform is used to share Work Product and Personal Information, that Work Product and Personal Information will be made available to the Users with whom you agree to share such information. These Users, and not QALEON, will be responsible for the privacy and security of your Work Product and Personal Information pursuant to the terms of any agreement, including without limitation any non-disclosure agreement entered into with these other Users.

Personal Information will be processed in accordance with appropriate security levels, as determined by applicable Personal Data protection laws, through the implementation of relevant security measures, whether technical or organisational, to prevent its modification, alteration, loss and unauthorised access or processing, taking into account the state of the art, and in compliance with the duty of secrecy that guarantees the confidentiality of such Data.

International Transfer

Your information may be transferred outside the jurisdiction in which you reside and may be stored or otherwise maintained on information systems and devices located in jurisdictions where privacy laws differ and in some cases may not be as protective as those of your jurisdiction. If you are located in Spain or outside the United States and choose to provide us with information, QALEON may transfer personal information to the United States for the fulfilment of the business purposes for which you provided the data and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfer and your acknowledgement and acceptance of the fact that the processing of such information will be governed by the applicable laws of Spain, the European Union, and likely those of the United States.

Links to Other Sites

Our site contains links to other websites. If you choose to click on a third-party link, you will be directed to that third party’s website. The fact that we have a link to a website does not constitute an endorsement, authorisation or representation of our affiliation with that third party, nor does it constitute an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or request personal information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We recommend that you read the privacy policies or statements of the other websites you visit.

Children

This site is not directed at persons under the age of 18. We do not knowingly collect personally identifiable information from children under the age of 16. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should contact us at dataprotection@qaleon.com. If we become aware that a child under the age of 16 has provided us with personal information, we will request parental, guardian or legal representative consent; otherwise, we will make commercially reasonable efforts to delete such information from our records.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at dataprotection@qaleon.com, or — as required by Spanish Data Protection laws — by sending a postal letter to QALEON Solution SL, c/ Guadalquivir, 22 (28002 Madrid), Spain, along with your Tax Identification Number B88073416, always attaching a copy of your valid and current national ID card or passport. When communicating by email, please send documents in digitised form.

Acceptance

The User’s access to the Platform or any use of the services provided therein shall constitute the User’s absolute and unconditional acceptance of the Terms of Service, the Privacy Policy and the Cookie Policy, which thereby become contractually applicable and bind the User to QALEON with the same effect as an express signature.