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Privacy Policy

QuantumNap™ (referred to as “QuantumNap™,” “us,” “we,” or “our”) is committed to protecting and respecting your privacy through our compliance with this Privacy Policy, (the “Privacy Policy”). This Privacy Policy describes the types of information we may collect from you or that you may provide in connection with your use of our website www.QuantumNap.com (the “Website”) and the products, services and features that may be referenced on the Website or otherwise offered by QuantumNap™ (our “Products and Services”). These include but are not limited to our activations, courses, guided meditations, mobile applications related to our QuantumNap™ offerings, including the Website and mobile apps offered by QuantumNap™ and the products and services offered through those respective sites and apps, collectively for purposes of this Privacy Policy referred to as the “QuantumNap™ Platform” or “Platform,” which may be updated from time to time at the sole discretion of QuantumNap™.

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This Privacy Policy and any other documents referred to herein cover personal information collected through the QuantumNap™ Platform and in connection with our Products and Services.  We may provide additional privacy disclosures regarding the Website, QuantumNap™ App, and the products and services offered through those respective sites and apps, and we encourage you to please review this Privacy Policy for those disclosures, as well as the QuantumNap™ Cookie Policy for more information about our use of cookies and other tracking technologies. You shall also be subject to any additional terms posted with respect to individual sections of the our Platform, which govern your use of the Platform. These additional terms include without limitation the Terms of Use located at https://www.quantumnap.com/terms-and-conditions and the QuantumNap™ Cookie Policy located at https://www.quantumnap.com/cookie-policy. In addition, you agree to be bound by the terms and conditions, privacy policy and/or other policies (the “Social Media Platform Rules”) of any social media websites, platforms and applications on which the Products and Services reside.

 

If you are based in the United States and engage with QuantumNap™ and its Products and Services, we may collect or receive certain personal information and other data about you that is governed by federal or state laws.

 

Please also note that residents of certain jurisdictions may have certain unique rights with respect to our collection, use, and sharing of personal information, including residents of California, the European Union, and the United Kingdom. Please refer to Sections 10 and 11 for information about these jurisdiction-specific rights.

 

This Privacy Policy applies to information we collect:

  • on the Platform; and

  • in e-mail, text, and other electronic messages between you and the Platform.

 

This Privacy Policy does not apply to information collected:

  • through any other means, including on any other website operated by QuantumNap™ or any other third party; or

  • by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

 

Your Acceptance of this Privacy Policy

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using any of the Platforms, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, you are directed to discontinue using and accessing the QuantumNap™’s Platforms. QuantumNap™ reserves the right to change or update this Policy at any time and without prior notice to you. Your continued access or use of the Platforms after such changes or updates indicates your acceptance of the Privacy Policy as changed or updated.  It is your responsibility to review this Privacy Policy regularly for any changes or updates. This Privacy Policy was last updated on August 29, 2023.

 

 

  1. Collection of Personal Information

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For purposes of this Privacy Policy, “personal information” means any information that relates to an identified or identifiable individual. The personal information we collect through the QuantumNap™ Platform will be apparent by the context of the page and/or the circumstances in which the personal information is being collected. This may include collection and processing of personal information including, but not limited to, the following categories of information.

 

  1. Information You Provide to Us

 

QuantumNap™ may collect the following categories of personal information about you that you choose to provide to us when you use the QuantumNap™ Platform or otherwise interact with or receive our Products and Services:

 

  • Contact information and identifiers.  When you use our Platform, we may ask you to provide certain contact information including your first and last name and email address. We may also collect your social media identification number if you choose to access the Platform via a social media platform. 

 

  • Account Information. If you decide to set up an account with us, we may ask you to provide certain additional contact information including, for example, your first and last name, e-mail address (personal and/or work), telephone number, mailing address, employer or company name, job title, student identification number, emergency contact information, as well as password and other authentication-related information. For individuals who participate in special subscriptions and features, including group plans, we may collect additional personal information, for example, home address and names and emails of household members for example, the names and emails of household members.

 

  • Surveys, health, and general information. We may present you with surveys or other information forms on our Platform order to provide you with information about our Products and Services that we think may be of interest to you or for research purposes. These surveys may give you the opportunity to describe certain things about you, such as your current mental, emotional, and physical status, wellness goals, current life events, and other health-related information.

 

  • Profile and demographic information. Through your account on our Platform, you may have to opportunity to provide additional information about yourself, such as your age, race and ethnicity, sexual orientation, preferred pronouns, gender or gender identity, sex at birth, marital status, and details about your health and medical history. 

 

  • Payment information. If you sign up for a paid product or service from us, you may be required to provide your payment card or bank account information.  Please note that QuantumNap™ does not directly process payment card information, but does rely on third party payment processors to do so on our behalf. Please note that third party terms may apply to these payment services. Personal information collected for these purposes includes card number, type, expiration date, and billing address, and certain anonymized, limited and/or truncated versions of this information may be provided to QuantumNap™.

 

  • Communication information.  When you send or respond to emails, messages, or other communications from QuantumNap™, we may collect your email address, name, and any other personal information you choose to include in the body content of your communications. In addition, when you interact with certain features of our Platform, we may collect the content of those communications.

 

   B.  Information from Others

 

In certain circumstances, we may collect personal information from others. This may include the following:

 

  • We may collect the name, email address, content engagement, and preferences of individuals that our users identify through our sharing and referral features. We use this data for the sole purpose of sharing content and referring individuals to buy the Products. 

 

  • If you choose to have your account verified to confirm your eligibility for a select subscription offering, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. Any failure to provide sufficient information or any response QuantumNap™ considered abnormal may result in QuantumNap™ refusing (or being unable) to verify your eligibility.

 

If you would like us to delete personal information that may have been provided to us by others as described above, you can do so by opting out as described in the invitation or other communication that we may have sent to you, or by contacting us at hello@quantumnap.com.

 

   C. Information We Automatically Collect

 

Our Platform, including the Website, may collect information from you automatically as your use our Platform, including individual Website and Apps.  This information may include: 

 

  • Browser and device data, such as IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Website and Apps you are visiting.

 

  • Usage data, such as geolocation data, browsing history, time spent on the Platform, pages visited, links clicked, language preferences, performance of features, patterns of use, and the pages that led or referred you to our Platform including the individual Website and Apps.  For example, we use Google Analytics on our Website to help us analyze your use of our Website and diagnose technical issues.

 

  • Cookies and web-beacons - We may use cookies and other tracking technologies such as pixels, web beacons, embedded scripts, and tags (“Cookies”). We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. 

 

   D. Aggregated, Anonymous, and De-identified Data

 

We may create aggregated, anonymous, or de-identified data from personal information by removing data components that make the data personally identifiable to you or potentially personally identifiable to you, or through obfuscation or other means. Once information is aggregated, anonymized, or de-identified such information is no longer personal information, and use of the data is not subject to this Privacy Policy.

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2.  Use of Personal Information

 

We may use your personal information in the following ways:

 

  • To provide our Products and Services, including the delivery of content and facilitation of interactive features;

 

  • To communicate with you regarding the QuantumNap™ Platform, Products and Services;

 

  • To notify you about updates or changes to the QuantumNap™ Platform, Products and Services;

 

  • To provide customer service, answer your questions or requests for information, or handle your complaints;

 

  • To facilitate payment transactions, manage your orders, and account for applicable sales taxes;

 

  • To inform businesses, government entities, hospitals, universities and other organizations and groups that wish to make our Products and Services available to their members, employees and their families, patients, customers, residents or others (collectively, our “Partners”) about your registration and, in limited cases, use of the Products and Services;

 

  • To effectuate our performance on any agreements that we may have with you;

 

  • To maintain and improve the quality of the QuantumNap™ Platform, Products and Services, including to perform research and development, understanding our user trends, and understand the effectiveness of our marketing and advertising;

 

  • To provide you with information about new Products and Services, promotions, and other opportunities that we believe may be of interest to you, whether offered by us or third-party partners, and to personalize, measure, and improve such offers;

 

  • To serve our advertisements to you through third-party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent and/or consistent with notice and any opt-out rights for such uses under applicable law;

 

  • To protect ourselves, you and others; preventing fraud and other unlawful or unauthorized activity; and creating and maintaining a trusted, secure, and reliable online environment; and

 

  • To comply with our legal obligations; respond to subpoenas, court orders or legal process; and to establish or exercise our legal rights or defense against legal claims.

 

Please note that we may also use your personal information to cross-reference or convert various types of accounts that you may be associated with on our Platform. For example, we may cross-reference the account information you provide to ensure your access to QuantumNap™.

 

3. Sharing of Personal Information

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We may share your personal information with any member of our group, which includes QuantumNap™, our subsidiaries and affiliates, for any of the purposes described in this Privacy Policy. 

 

We may also disclose your personal information with the following categories of third parties:

 

  • Our service providers. In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service on our behalf, such as to help deliver Products or Services that you have requested. These service providers may include services such as analytics, payment processing, advertising and marketing, website hosting, customer and technical support, and other services. Our service providers have access to your personal information only to perform these tasks on our behalf and are obligated to maintain the confidentiality and security of your personal information, and to not disclose or use the information for any other purpose, consistent with this Privacy Policy and applicable law.

 

  • Third party advertising platforms. We may share your personal information with third party platform providers who assist us in serving advertising regarding the QuantumNap™ Platform, Products and Services to others who may be interested.  We also partner with third parties who use Cookies to serve interest-based advertising and content on their respective third-party platforms that may be based on your preferences, location and/or interests.

 

  • Our Partners. In limited cases, we may provide certain personal information to our Partners.

 

  • Third party business partners. In limited cases, we may provide certain personal information to third party businesses with which we have a joint promotional relationship or other trusted partnership. This type of sharing will most often be consistent with your notice, consent, direction, and/or reasonable expectations in light of the circumstances in which you provided the personal information.

 

  • Compliance and harm prevention. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, such as to comply with a subpoena, bankruptcy proceeding, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of QuantumNap™, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We may also disclose personal information where we believe that doing so would be in accordance with or required by any applicable law, regulation or legal process.

 

  • Affiliate and business transfer. If QuantumNap™, including any of its subsidiaries, brands or affiliates, is involved in a merger, acquisition, asset sale, or other corporate combination, your personal information may be transferred to the acquiring or surviving entity. If such transfer results in a material change to the use of your personal information, we will provide notice before your personal information is transferred and/or becomes subject to a different privacy policy.

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4. Your Rights and Choices 

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Privacy rights, choices, and preferences. If you have an account on our Platform, please visit your account for any privacy rights, choices, or preference options that may be offered. In your QuantumNap™ user profile, you are able to make additions or edits to any of your personal, payment, or membership information, and you may request to delete your account. For more information about your available privacy rights in certain jurisdictions for both accountholders and non-accountholders, please review our California Privacy Notice and European and UK Privacy Notice in the sections below.

 

Opting out of receiving electronic communications from us. You will not receive promotional electronic communications from us if you have opted out of receiving such communications. If you wish to opt out, you may opt out via the unsubscribe link included in such emails or by contacting us at hello@quantumnap.com. We will comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving promotional emails from us, we may still send you important administrative messages that are required in order to provide you with our Products and Services or for other reasons disclosed in this Privacy Policy. For EU-based users only, we will ask for your consent prior to sending you any promotional electronic communications. 

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5.  Data Security 

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The security of your personal information is important to us. We follow generally accepted standards, practices, and procedures to protect the personal information submitted to us, both during transmission and once it is received. We maintain appropriate technical, administrative, and physical safeguards to help protect the security of your personal information against unauthorized access, destruction, loss, alteration, disclosure or misuse.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share personal information, nor can we guarantee that the personal information you supply will not be intercepted while being transmitted over the Internet. Any transmission of information, including personal information, is at your own risk.

 

The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites, which may be viewed by others. You must take precautions to protect the security of all personal information that you post or otherwise transmit to or through the Sites, including over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform, for the unauthorized acts of others, or for acts or omissions beyond our reasonable control.

 

If you have an account with us and you suspect unauthorized use of your account or its credentials, you should notify us immediately.

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6. Cookies and Tracking Technologies 

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When you visit the QuantumNap™ Platform, we may collect information from you automatically through Cookies. We also rely on service providers and other partners to provide many features of our Platform using data about your use of the Platform, which may include personal information. Please review our Cookie Policy for more information regarding our collection of Cookies, the purposes for which we use them, and how to exercise your preferences regarding them including the ability to opt-out through our Platform or via your browser.

 

The QuantumNap™ Platform uses Google Analytics code to gather statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Platform and the volumes of usage of the Products and Services. This is done to ensure that the Platform and its associated Products and Services are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics.

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We will acquire consent from you in order to use such trackers or provide you with the opportunity to opt-out of such trackers, to the extent required by applicable law. For more information on the types of cookies used by QuantumNap™ and your ability to restrict the behavior of cookies or disable them in your browser’s settings, please refer to the Cookie Policy.

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We do not support Do Not Track functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

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Other tracking on our Platform.  Our Platform, including our Website, may utilize tracking technologies to collect and record your activities and movements across our Website throughout your browsing session, including to track button clicks, mouse movements, scrolling, resizing, touches, keystrokes, data entered, device information and orientation, browser visual elements, and screen size (“Session Data”), for purposes of our own internal analytics and improving our products, services, and user experience. Such tracking may include recorded sessions, which we may play back for these purposes.

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Our Platform may utilize live chat and/or chat bot technology, which visitors to communicate directly with our automated customer service system and/or customer service representatives via a chat window about our Products and Services. Text entered into this form prior to submission may be collected, retained, and used by QuantumNap™ for our business purposes, including by our customer service and other personnel and service providers.

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We may share Session Data and chat bot correspondence data with our third-party analytics or service providers, which may change from time-to-time, for these purposes, who will use the data solely on the behalf of, and for the benefit of, QuantumNap™. 

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7. Children’s Privacy

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Our Platform is intended for individuals at least 18 years of age, or the age of majority in your province, territory or country. Individuals ages 13 of 18, or the applicable age of majority, may utilize the QuantumNap™ Platform only with the consent and involvement of a parent or legal guardian. This provision is not applicable to registrations made under select subscriptions or special offerings, including business to business sales and enterprise partnerships, where specified in applicable contracts.

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If you are a parent or guardian and you are aware that a child under age 13 has provided us with personal information without parental consent, please contact us at hello@quantumnap.com. If we become aware that we have collected personal information from children under age 13 without parental consent, we will take steps to remove that information from our servers.

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8.  International Data Transfers

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The QuantumNap™ Platform is operated exclusively in the United States. To the extent QuantumNap™ offers Products and Services to individuals located in the European Union or United Kingdom, or to the extent the QuantumNap™ Platform is intentionally available to such individuals, please review our European and UK Privacy Notice below for more information about disclosures and privacy rights associated with that activity.  

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The subsidiaries, service providers or other third parties described in this Privacy Policy and to whom QuantumNap™ may disclose your personal information may be domiciled abroad, and, in particular, outside the European Union and the United Kingdom. In such case, QuantumNap™ will require them to take, in accordance with applicable legislation, contractual, organizational and technical measures designed to ensure an adequate level of protection of your personal information, such as the use of Standard Contractual Clauses approved by the European Commission.‍

 

For personal information collected from individuals located in the European Union, Switzerland and the United Kingdom, you have the ability to opt out of whether such personal information is disclosed to a third-party (apart from service providers) or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact QuantumNap™ at hello@quantumnap.com in order to make such choices.

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General disputes arising from your use of the QuantumNap™ Platform, as well as our Products and Services, can be found in our Terms & Conditions. However, if you have any questions or concerns regarding our information collection, use, and sharing practices as described in this Privacy Policy, you may reach us using the Contact page and we will investigate the matter and resolve any issues, if we can. In the event that we are unable to resolve any such questions or concerns, you may be able to invoke binding arbitration, under certain conditions and as permitted by Privacy Shield, by contacting our U.S.-based third party dispute resolution provider (free of charge) at http://go.adr.org/privacyshield.html. ‍QuantumNap™ is mindful of its responsibility and potential liability for onward transfers of personal information to third parties where QuantumNap™  deems such transfers necessary and those transfers are subject to Privacy Shield.

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9.  Links to Other Websites

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Our Platform, including its Website and Apps, may contain links to other websites that are not operated by QuantumNap™. We are not responsible for the content or privacy policy policies of websites we do not own or control, and our Privacy Policy does not apply to third-party websites. We strongly suggest you review the privacy policies for third-party websites to understand how your personal information is used and stored by those websites.

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10.  California Privacy Notice

 

This California Privacy Notice supplements information contained in our Privacy Policy and applies to any California residents about whom we have collected personal information from any source, including offline, and through your use of the QuantumNap™ Platform. We provide this California Privacy Notice to comply with applicable privacy laws in the State of California, including the California Consumer Privacy Act of 2018, and its amendment, the California Privacy Rights Act of 2020 (together, the “CCPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in our Privacy Policy. 

 

The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, delete, correct, limit, and opt-out of the sales of certain personal information we collect about them, as well as to opt-out of the sharing of certain personal information for purposes of cross-context behavioral advertising (called “sharing” under California law). If you are a California resident, you may submit a request to hello@quantumnap.com. QuantumNap™ will then furnish any applicable requested information to your email address.

 

For the purposes of this California Privacy Notice, except where a different definition is noted, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information; lawfully obtained, truthful information that is a matter of public concern; information that has been de-identified; or information that has been aggregated. For purposes of this section, “publicly available information” includes: information that is made available from federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully available to the general public, either through widely distributed media, or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.

 

  1. Personal information We Collect

 

QuantumNap™ may collect, or has collected, the following categories of personal information from California residents within the last twelve (12) months:

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  • Identifiers:  First and last name; e-mail address (personal and/or work); telephone number; mailing address; social media identification number; password and account credentials; National Provider Identifier (NPI).

 

  • Personal information categories listed in the California Civ Code § 1798.80(e): First and last name; mailing address; payment card information; bank account information; medical information; and health insurance information.

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  • Internet or other electronic activity information: Cookie identifiers; pixel tags; embedded scripts; tags; IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the websites and apps you are visiting; geolocation data, browsing history, time spent on the Platform, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Platform including individual websites and apps.

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  • Characteristics of protected classifications under California or federal law: Age; race and ethnicity; sexual orientation; preferred pronouns; gender or gender identity; sex at birth; marital status; mental, emotional, and physical status

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  • Commercial information: Payment histories; account balances and activity; Products and Services that you have purchased, obtained, or considered; and/or other purchasing or consumer histories, tendencies, and preferences.

 

  • Geolocation data: Your precise location, including the Global Positioning System (“GPS”), and your approximate location based on your IP address, device identifiers and other information disclosed in this policy.

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  • Audio, electronic, or visual information: Recordings of calls to or from our customer service centers; customer service voicemails; photographs

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  • Professional or employment-related information: Employer name; job title; work email; work telephone number

 

  • Education information: Student identification number

 

  • Inferences about you: Inferences based on information about an individual to create a profile about a consumer reflecting the individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

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Please note that because of the overlapping nature of certain of the categories of personal information identified above, which are required by state law, some of the personal information we collect may be reasonably classified under multiple categories.

 

Sensitive personal information.  Certain of the personal information that we collect, as described above, may constitute “sensitive personal information” under California law, including: 

 

  • Account log-in, financial account, debit card, or credit card number combined with any required security or access codes, passwords, or other credentials allowing access to an account;

  • Precise geolocation;

  • Racial and/or ethnic origin, religious or philosophical beliefs, or union membership;

  • Personal information concerning health; and

  • Personal information concerning sex life or sexual orientation.

 

The specific types of personal information we collect are further detailed in Section 1 of this Privacy Policy. Personal information does not include information excluded from the CCPA’s scope.

 

QuantumNap™ will not retain any information we collect about you for longer than is reasonably necessary for the disclosed purpose of using such information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

 

  1. Purpose

 

QuantumNap™ may collect, use, or disclose personal information about California residents for purposes listed in Section 2 of our Privacy Policy.

 

The sensitive personal information that we collect as described above may be used for any of the following purposes:

 

  • To provide our Products and Services, including the delivery of content and facilitation of interactive features;

  • Account log-in, financial account, debit card, or credit card number combined with any required security or access codes, passwords, or other credentials allowing access to an account;

  • Precise geolocation;

  • Racial and/or ethnic origin, religious or philosophical beliefs, or union membership;

  • Personal information concerning health;

  • Personal information concerning sex life or sexual orientation;

  • To communicate with you regarding the QuantumNap™ Platform, Products and Services;

  • To facilitate payment transactions, manage your orders, and account for applicable sales taxes;

  • Account log-in, financial account, debit card, or credit card number combined with any required security or access codes, passwords, or other credentials allowing access to an account

  • To maintain and improve the quality of the QuantumNap™ Platform, Products and Services, including to perform research and development, understanding our user trends, and understand the effectiveness of our marketing and advertising

Racial and/or ethnic origin, religious or philosophical beliefs, or union membership; Personal information concerning health; and Personal information concerning sex life or sexual orientation; precise geolocation.

 

C.         Sources of Personal Information 

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We obtain the categories of personal information listed above from the following categories of sources:

  • From you, including, for example, from forms you complete when registering for the QuantumNap™ Products and Services, surveys that you take, or as automatically collected when using our Platform.

  • Through our service providers, which are third party companies who help us provide Products and Services to you consistent with the purposes disclosed in this Privacy Policy.

  • Directly from Partners for select subscriptions that are verified as described in the QuantumNap™ Privacy Policy.

  • From our business partners and others, including those that may promote and/or offer products and services that may be of interest to you.

 

We may supplement the personal information collected from the categories of sources described above with personal information we obtain from other sources.

 

  1. Disclosure of Personal Information 

 

We may disclose your personal information to the categories of service providers and third parties identified in Section 3 of this Privacy Policy, and in ways that are described in that section.

This includes disclosure of your personal information to service providers for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not to use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed each category of personal information listed in Section 10(a), including the listed sensitive personal information, for a business purpose.  

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QuantumNap™ does not “sell” personal information to third parties for monetary or other valuable consideration as that term is defined by the CCPA as amended by the California Privacy Rights Act (“CPRA”). 

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However, we do “share” personal information for purposes of cross-context behavioral advertising, as that term is defined by the CCPA. Specifically, as with many online companies, QuantumNap™ partners with third parties, such as Facebook and Google, to manage our marketing of QuantumNap™ on other platforms, where such advertising is based on your past visits to our Platform. These third party partners may use technologies, such as Cookies, to gather information about your activities on the Platform to deliver such advertising to you when you visit their platforms. For instance, if you visit www.QuantumNap.com, a cookie may be attached to your browser in the form of the Facebook Pixel that allows QuantumNap™ to deliver advertising to you on the Facebook platform.  Please also review our disclosures in Section 6 of our Privacy Policy (“Cookies and other tracking technologies”).  

 

The CCPA requires us to identify the categories of personal information that we have “sold” or “shared” under the CCPA in the preceding twelve (12) months.  

 

In the last twelve (12) months, we have disclosed (or “shared”) the following categories of personal information to advertising partners for cross-context behavioral advertising purposes:  

 

  • Identifiers.

  • Internet or other electronic network activity information.

 

  1. Your Privacy Rights 

The CCPA provides California residents with specific privacy rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

If you are a California resident, you have the right to make the following requests under applicable California law in relation to your personal information, subject to certain exceptions:  

 

  • Right to Know.  You have the right to, up to twice in a twelve (12) month period, request what personal information we collect, use, disclose, and/or sell, and to whom, as applicable. You may request either a report disclosing the general categories of the personal information we collect, or a report disclosing the specific pieces of personal information we collect.

 

  • Right to Delete.  You have the right to request, under certain circumstances, the deletion of your personal information that we collect.

 

  • Right to Opt-Out of Sale or Sharing.  You have the right to opt-out of the “sale” or “sharing” of your personal information, as those terms are defined under California law. Please note that QuantumNap™ does not currently sell your personal information, though it does “share” your personal information with third parties for cross-context behavioral advertising as disclosed elsewhere in this section.   

 

  • Right to Non-Discrimination.  You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.  

 

  • Right to Limit Use and Disclosure.  You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide our Products and Services to you, or for certain other authorized purposes. We will not use or disclose your sensitive personal information after you have exercised your right unless you subsequently provide consent for the use of your sensitive personal information for additional purposes.

 

  • Right to Correct.  You have the right to request the correction of your inaccurate personal information.

 

  1. How to Submit a Request

 

To submit a request of any of the rights described above, please submit a verifiable consumer request to us by either:

 

 

Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA.  We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on.  In order to verify you, you must provide us with your first and last name and email address.  

 

  1. Requests by Authorized Agents 

 

You may designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf. If you should use an authorized agent to exercise your various rights under the CCPA, we may require that you provide your authorized agent with written permission to exercise your various rights and to verify your own identity with us. If your authorized agent does not submit proof that they have been authorized by you to submit verified requests for disclosure and deletion, we reserve the right to deny such a request that we have received and will explain to your authorized agent why we have denied such request. The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to hello@quantumnap.com.

 

  1. Household Data 

 

We collect household data in connection with our family plans. If we receive a Request to Delete, Know, or Correct submitted by all members of a household, we will individually respond to each request consistent with California law. If we receive a Request to Opt-Out or Limit submitted by all members of a household, we will process the request based on the information we have about your household and the individuals associated with it, and reserve the right to ask for further information if we determine it is needed to fully process your request. We will not be able to comply with any such request by a member of a household under the age of 13, as we do not collect personal information from any person under the age of 13.

 

  1. Responses 

 

We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period.  QuantumNap™ reserves the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

 

These rights are subject to various exclusions and exceptions under California law and other applicable laws. In addition, if we are unable to verify your identity to a degree of certainty as required by the CCPA through any reasonable method, we will state that we are unable to verify in a written response to you along with a reason as to why there is no reasonable method by which we can verify your identity. 

Direct marketing by third parties.  QuantumNap™ does not disclose personal information to third parties for their own direct marketing purposes. However, California residents additionally have the right to request information regarding such practices under California’s “Shine the Light” law. If you are a California resident and would like to inquire further, please email hello@quantumnap.com.

 

We will continue to update our business practices as direct regulatory guidance becomes available.  

 

  1. Notice of Right to Opt-Out

 

As detailed in Section 10(D) above, QuantumNap™ does not “sell” personal information to third parties for monetary or other valuable consideration as that term is defined by the CCPA as amended by the CPRA. However, QuantumNap™ does “share” personal information with third parties for purposes of cross-context behavioral advertising, as that term is defined by the CCPA.

 

If you wish to opt-out of the “sharing” of the limited data that is gathered when you visit our Platform for purposes of cross-context behavioral advertising, please visit the Cookie Policy and click “opt-out of marketing / analytics cookies” at the bottom of the page. Doing so will erase all current marketing cookies and disable the placement of future marketing cookies.

 

11.  European and UK Privacy Notice

 

This European and UK Privacy Notice applies to any individuals located within the European Economic Area (EEA) or the United Kingdom (UK) from whom we may have collected personal data from any source, whether online or offline, including through your use of our Website. We provide this European Privacy Notice to comply with applicable privacy laws, including the General Data Protection Act (“GDPR”), the UK GDPR, and related laws, regulations, and guidance from the European Union and/or its member states.  Any capitalized term used and not otherwise defined below has the meaning assigned to it in our Privacy Policy. 

 

European law provides individuals located in Europe with rights to receive certain disclosures regarding the collection, use, and sharing of personal data, as well as rights to be informed, to access, to rectification, to erasure, to restrict processing, to data portability, and to object with respect to collected personal data.  For the purposes of this European and UK Privacy Notice, “personal data” means any information relating to an identified or identifiable natural person.

 

  1. Basis for Processing Your Personal Data

 

QuantumNap™ relies on one or more legal bases to process your personal data under applicable law.  We may process personal data (i) as necessary to perform our contractual obligations to you; (ii) as necessary to pursue our legitimate interests as further detailed below; (iii) as necessary for our compliance with our legal obligations such as a request or order from courts, law enforcement or other government authorities; and/or (iv) with your consent, including to send you marketing email messages and other information that may be of interest to you, which you may withdraw at any time.

 

Legitimate business interests.  We may collect, process, and maintain personal data to pursue the legitimate business interests outlined below.  To determine these legitimate interests, we balance our legitimate interests against the legitimate interests and rights of you and others, and only process personal data in accordance with those interests where they are not overridden by your data-protection interests or fundamental rights and freedoms.

 

Our legitimate interests generally include:

 

  • Providing you with requested QuantumNap™ Products and Services.

 

  • Providing you with customer service and support. This includes sending you messages to provide user support and facilitating other communications that you request or that are required in order to render our Products and Services to you. This may include providing you with information about new products and other opportunities we offer that we believe may be of interest to you based upon your interactions with us, and to personalize, measure, and improve such offers.

 

  • Maintaining and improving the quality of the QuantumNap™ Platform and the Products and Services that we offer through our Platform, including to customize our sites and products to better fit your needs as a user, develop new sites and products, to perform internal analytics for new and existing products (such as our user accounts and related features) and to conduct research and development. This also includes sharing personal data with our trusted service providers that provide services on our behalf.

 

  • Protecting you and others by creating and maintaining a trusted environment, such as to ensure compliance our agreements with you and other third parties, to ensure safe, secure, and reliable sites and products, and to detect and prevent wrongdoing and crime, assure compliance with our policies, and protect and defend our rights, interests, and property. 

 

  • Providing, personalizing, measuring and improving our marketing, including sending you promotional messages and other information that may be of interest to you with your consent. We may also use personal data to understand our user base and the effectiveness of our marketing.  This processing is done pursuant to our legitimate interest in undertaking marketing activities to offer products or services that may be of interest to you.

 

  • For risk management purposes, including compliance with our legal and regulatory obligations and for fraud detection, prevention and investigation, including “know your customer,” anti-money laundering, conflict and other necessary onboarding and ongoing client checks, due diligence and verification requirements, credit checks, credit risk analysis, compliance with sanctions procedures or rules, and tax reporting.

 

  • Complying with laws and regulations applicable to us, including any legal or regulatory guidance, codes, or opinions and to other legal process and law enforcement requirements, including any internal policy based on or reflecting legal or regulatory guidance, codes, or opinions. We may also respond to subpoenas, court orders, or legal process and establish and exercise our legal rights or defenses against legal claims. 

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  1. Your Privacy Rights under the GDPR

 

In certain circumstances, individuals located within the EEA and UK may have the following data protection rights regarding their personal data:

 

  • Right to access. You may have the right to request confirmation of whether QuantumNap™ processes personal data relating to you, and if so, to request a copy of that personal data.

 

  • Right to rectification. You may have the right to request that QuantumNap™ correct or update your personal data that is inaccurate, incomplete or outdated.

 

  • Right to deletion. You may have the right to request that QuantumNap™ erase your personal data in certain circumstances provided by law.

 

  • Right to restrict processing. You may have the right to request that QuantumNap™ restrict the use of your personal data in certain circumstances.

 

  • Right to object to processing. You may have the right to object to QuantumNap™’s processing of your personal data, under certain conditions.

 

  • Right to data portability. You may have the right to request that QuantumNap™ export the data that we have collected to you or another company, under certain conditions.

 

  • Right not to be subject to automated individual decision-making. You may have the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly affects you.

 

Where the processing of your personal data is based on your previously provided consent, you have the right to withdraw your consent at any time.  If you would like to exercise any of these rights, please submit a written request to hello@quantumnap.com. We will respond to these requests in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

 

You may also have the right to lodge a complaint about our data collection and processing actions with the appropriate supervisory authority.  If you are in the European Economic Area, you can view the contact information for your data protection authority here.  If you are in the United Kingdom, please visit this page.

 

  1. Retention of Personal Data

 

We will retain personal data for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include:  (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

 

  1. How to File a GDPR Complaint

 

We hope that we can resolve any query or concern you raise about our use of your personal information. The GDPR also gives you the right to lodge a complaint with a supervisory authority in the European Union or the European Economic Area state where you work, normally live, or where any alleged infringement of data protection laws occurred.

 

12.  Risks

 

You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of QuantumNap™’s Platform on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically on the QuantumNap™’s Platform; (3) the risk that data or information is transmitted to or from the Platform may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including computer viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, bugs, executables or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on the Platform may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of other websites, social media websites, platforms, and applications, including without limitation those to which the Platform may link or be linked.

 

13. Changes to this Privacy Policy

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We may change this Privacy Policy from time to time to reflect new services or changes in our data practices or relevant laws. The “effective date” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the QuantumNap™ Platform, including the Website. We may take reasonable measures to notify you via email and/or a prominent notice on our Platform prior to certain changes becoming effective, and will update the effective date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

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14.  Contact Us

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Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to hello@quantumnap.com

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