PRIVACY POLICY
These Terms of Use (“Terms”) constitute a legally binding agreement and govern the terms under which QMIN, a company incorporated under the laws of Singapore with its registered office at 160 Robinson Road, #14-04 Singapore Business Federation Building, Singapore-068914 (“QMIN”, “We”, “Our”, “Us”), provides an individual or entity who purchases our Service(s) and/or creates an Account with Us (“You”, “Your”, “Yourself”) and their authorized users (“Users”), access to and use of Our Service(s).
By accessing, using, or registering for Our Service(s), you hereby acknowledge that you have read, understood, and agree to be bound by these Terms. You warrant and represent to Us that you possess the legal capacity and authority to enter into this agreement. In the event You are entering into these terms on behalf of an entity, company, or its group affiliates, You represent that You possess the requisite authority to bind such entity, company, or its group affiliates to these terms. If You do not agree to these terms, You must immediately cease and desist from using Our Service(s).
The Service(s) shall not be accessed or used for competitive benchmarking or analysis intended to develop, market, or improve a competing product or service, without QMIN’s prior written consent. Any direct or indirect competitor of QMIN is strictly prohibited from accessing or using the Service(s) unless QMIN has provided its prior, explicit, and written authorization.
You and Us will be individually referred to as a “Party” and collectively as the “Parties”.
1. Definitions
- “Customer” means any legal entity, organisation, or enterprise that has entered into a binding contractual arrangement with QMIN for access to and use of the Service(s), and on whose behalf QMIN processes Customer Data.
- “Customer Data” means Personal Data processed by us on behalf of a customer in connection with the provision of the Service(s).
- “Process” means any operation or set of operations performed upon Personal Data or sets of Personal Data, whether or not by automated means, including the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, sharing or disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction thereof.
- “Personal Data” refers to any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, whether directly or indirectly, by reference to identifiers including, without limitation, a name, identification number, location data, online identifier, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of such person.
- “Service(s)” means our proprietary cloud-based service that enables enterprises to track sales commissions and other incentive-based compensation schemes, together with any additional services introduced by us from time to time to which you may subscribe, and includes all updates, upgrades, modifications, enhancements, or improvements thereto, whether provided individually or collectively, as well as any associated application programming interfaces (APIs) and documentation.
- “Users” means an individual authorised by a customer to access or use the Service(s)..
- “Terms of Service” means the binding contract between Us and You which governs the access and use of the Service(s) by You.
2. Information Collection, Use, and Disclosure
We collect various types of information to provide and improve our services to you. This includes:
If you disclose to us any Personal Data relating to a third party, you confirm that you have the requisite authority and, where required by applicable law, have obtained valid consent to such disclosure, and acknowledge that such Personal Data will be processed in accordance with this Policy. Any individual who believes that their Personal Data has been disclosed improperly may contact us using the details of our Grievance Officer.
In addition to the disclosures described above, we may disclose Personal Data to (i) any entity in connection with a divestment, merger, consolidation, reorganisation, change of control, or liquidation of all or any part of our business; (ii) law enforcement agencies, government authorities, courts, regulators, auditors, dispute resolution bodies, or any person authorised by a competent authority for the purposes of investigation, audit, or regulatory compliance; and (iii) our professional advisers, including legal and financial advisers, for business operations, enforcement of contracts and policies, claims management, and dispute resolution. Notwithstanding the foregoing, we do not disclose the mobile numbers of subscribers to third parties for marketing or promotional purposes.
3. Legal Basis for Processing and International Transfers
We collect and process Personal Data only where there is a lawful basis to do so under applicable data protection laws, which may include one or more of the following: (a) where such processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract; (b) where such processing is carried out on the basis of our legitimate interests, provided that such interests are not overridden by your data protection rights or fundamental freedoms; (c) where processing is required to comply with a legal or regulatory obligation; or (d) where you have provided your valid consent. Where processing is based on consent, you may withdraw such consent at any time, without affecting the lawfulness of processing carried out prior to such withdrawal, subject to applicable law.
Personal Data may be processed in jurisdictions outside your country of residence, including in the Thailand, for the purposes described in this Policy. In such cases, we shall ensure that appropriate safeguards are implemented to provide a level of protection for Personal Data that is comparable to that required under applicable data protection laws. Such safeguards may include the use of standard contractual clauses or other approved transfer mechanisms, or reliance on consent where permitted. Where required by applicable law, we shall not transfer Personal Data to jurisdictions that are restricted or prohibited by a competent governmental authority.
If you have any questions or require further information regarding the legal basis on which we collect, use, or transfer your Personal Data, you may contact us using the details provided in Clause 11.
4. Data Security
We implement reasonable security practices and procedures to protect your personal information from unauthorized access, use, alteration, disclosure, or destruction. These measures include physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
5. Data Subject Rights
- Right to Access, Correction, and Consent Withdrawal: Subject to applicable data protection laws, you may request access to and correction of your Personal Data. Where processing is based on your consent, you may withdraw such consent at any time. Withdrawal of consent shall not affect the lawfulness of any processing carried out prior to withdrawal, nor shall it affect processing conducted on lawful grounds other than consent.
- Marketing Communications: You have the right to opt out of receiving marketing communications from us at any time by using the unsubscribe or opt-out mechanisms included in such communications.
- Additional Rights Based on Jurisdiction: Depending on your place of residence and applicable law, you may also have the right to request deletion or erasure of your Personal Data; object to or request restriction of its processing; request portability of your Personal Data; nominate another individual to exercise your rights in the event of your death or incapacity; manage, review, or withdraw consent through a consent manager; and lodge a complaint with a competent data protection authority.
- Exercising Your Rights: To exercise any of the rights described above or to raise a grievance regarding our collection or use of your Personal Data, you may contact us using the details provided in Clause 11. We will verify your request and respond within a reasonable timeframe in accordance with applicable data protection laws.
6. Retention of Data
We shall retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, to comply with our legal obligations (e.g., if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
7. Cookies and Tracking Technologies
We use cookies and similar technologies, which are small text files placed on your device, to automatically collect standard internet log information and information about how you interact with our Website(s) and Services. Such information may constitute Personal Data under applicable law.
Cookies are used to enable core functionality, including security, network management, accessibility, and remembering login status; to analyse usage and performance; to customise content and features; and to assess the effectiveness of marketing and advertising.
Essential cookies are required for the operation of our Website(s) and Services and cannot be opted out of, although disabling them through browser settings may affect functionality. Analytics, customisation, and advertising cookies are used to improve our Website(s) and Services and may be managed or disabled where required by applicable law.
A cookie banner is displayed when you visit our Website or access our platform, providing information about our use of cookies and options to manage or opt out of non-essential cookies.
8. Enterprise Services and Third-Party Websites
Our Services are designed for enterprise use. This Privacy Policy does not apply to Personal Data contained in Customer Data. Where we process end-user Personal Data as part of Customer Data, we act solely as a data processor on behalf of the relevant customer, and such processing is governed by the applicable contractual terms. Any privacy requests or queries from end users should be directed to the customer acting as the data controller. We are not responsible for our customers’ privacy or security practices.
Our Website(s) may include links to third-party websites. This Policy applies only to our Website(s), and we encourage you to review the privacy policies of any third-party sites you visit, as we do not control or assume responsibility for their data practices.
9. Children's Privacy
Our Website is not intended for use by individuals under the age of 21. (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 21. If you are a parent or guardian and you are aware that your Children have provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we take steps to remove that information from our servers.
10. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
11. Grievance Officer
For any questions, access requests, or complaints relating to personal data, please contact::
Email: info@qmin.ai
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