Privacy Policy

QWILT PRIVACY POLICY

Last Updated: May 9, 2023

This privacy policy (“Privacy Policy”) governs how we, Qwilt Inc. (together, “Qwilt” “we”, “our” or “us”) use, collect, and store Personal Data we collect or receive from or about you (“you”) as described below in section 1.

Please read this Privacy Policy carefully, so you can understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement

Table of contents:

  1. What information we collect, why we collect it, and how it is used
  2. How we protect and retain your Personal Data
  3. How we share your Personal Data
  4. Additional information regarding transfers of Personal Data
  5. Your privacy rights. How to delete your account
  6. Use by children
  7. Interaction with third party products
  8. Log files
  9. Analytic tools
  10. Specific provisions applicable under California privacy law
  11. Contact us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy.  If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

Qwilt provides to its customers Content-Delivery services from the edge cloud using the open-caching technology. For the avoidance of doubt, for the purposes of this Privacy Policy, a “Customer” is an entity (e.g., content provider, internet provider, application provider or business partner) which has executed an agreement with Qwilt. If you are an individual, using Qwilt’s services as a result of our relationship with Customer (“Individual(s)“), please note that the Customer is the responsible party for obtaining the required consents and complying with any applicable laws or regulations. With regards to Individual’s Personal Data, in most cases, we will be acting as data processors on behalf of the Customer in their role as data controller of Individual’s Personal Data, however, under certain circumstances, and depending on applicable law requirements, type of services and our business relationship with the Customer, we may serve as the data controller as well (meaning independent and separate controllers for the purposes of GDPR).

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

  1. When you browse or visit our website, https://www.qwilt.com (“Website”)
    1. Specific Personal Data we collect: Cookies, analytic tools and log files. For more information, please read our cookies policy.
    2. Purposes for which the Personal Data is being collected: Marketing, analytics, statistics.
    3. Legal basis (GDPR only, if applicable): Consent or legitimate interest (e.g., essential cookies).
    4. Third parties with whom we share your Personal Data: Read more about the purposes of each cookie.
    5. Consequences of not providing the Personal Data: Certain non-essential Website features may not be available. Read more about the purposes of each cookie.
  2. When you make use of, or interact with, our Website
    1. When you request to download an eBook, analyst report and/or white paper
      1. Specific Personal Data we collect: Full name, company name, job title, email address, phone number, country and state.
      2. Purposes for which the Personal Data is being collected: To allow you to download the eBook; analyst report and/or whitepaper; and to optimize our site to serve you best.
      3. Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract and/or legitimate interest (e.g., to provide an eBook)
      4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: SaleForce (CRM).
      5. Consequences of not providing the Personal Data: We cannot (i) provide you with an eBook; and (ii) optimize our site to serve you best.
      6. Marketing communications: We collect your full name and email address and phone number to send you marketing communications in accordance with your consent. We share these Personal Data with 3rd party platforms such as for the following purposes: SalesForce (CRM) and Google G-Suite (Email and collaboration). If you do not provide us with the data, we cannot send you marketing communications.
    2. When we process your job application
      1. Specific Personal Data we collect: Full name, email address, phone number, CV- resume, cover letter, LinkedIn profile URL, personal website and any other Personal Data that you decide to provide/supply us with.
      2. Purposes for which the Personal Data is being collected: To review your application; to assess you as a candidate; to analyze your application; and to communicate with you in connection with your job application.
      3. Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract and legitimate interests (e.g. to assess you as a candidate)
      4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: Comeet (recruiting system).
      5. Consequences of not providing the Personal Data: We cannot (i) review your application; (ii) assess you as a candidate; (iii) analyze your application; and (iv) communicate with you in connection with your job application.
    3. When you contact us (e.g. customer support, need help, submit a request)
      1. Specific Personal Data we collect: Full name, company name, job title, email address, phone number, country, state, and any other Personal Data that you decide to provide/supply us with.
      2. Purposes for which the Personal Data is being collected: To process and answer your questions; to provide support (e.g., to solve problems, bugs or issues); and to customize your experience.
      3. Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract and legitimate interest (e.g. respond to a query sent by you).
      4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: Zendesk (Support) and SalesForce (CRM).
      5. Consequences of not providing the Personal Data: We cannot (i) assist you and respond your query; (ii) provide support; and (iii) customize your experience.
      6. Marketing communications: We collect your full name and email address and phone number to send you marketing communications in accordance with your consent. We share these Personal Data with 3rd party platforms such as for the following purposes Zendesk (Support), SalesForce (CRM) and Google G-Suite (Email and collaboration). If you do not provide us with the data, we cannot send you marketing communications.
  3. When you are an Individual using the services of our Customer(s) and you are being served by our Open-Caching service.
    1. Specific Personal Data we collect: Log data which includes: IP Address, visited URL where you requested the content, time-stamp, device details and usage metrics.
    2. Purposes for which the Personal Data is being collected:  To provide the services to Qwilt’s Customers; for troubleshooting matters; billing proof; security purposes; and improvement of Qwilt services.
    3. Legal basis (GDPR only, if applicable): If you are an Individual (as defined above), please note that generally speaking our Customer is legally responsible for the collection, transfer and use of your Personal Data. Qwilt is providing a service on behalf of the Customer, so you should contact the Customer for any privacy-related questions.
    4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: Customers (including, Internet service providers which the request was served from, Content Providers that have delegated the user’s request to Qwilt’s Open-Caching service), AWS Cloud, Kentik.
    5. Consequences of not providing the Personal Data: Qwilt cannot: (i) provide the services to the Customer (and the end user will not be able to receive the enhanced content); and (ii) provide troubleshooting assistance to the Customers.
  4. When you attend a marketing event and provide us with your Personal Data and/or you give us your business card
    1. Specific Personal Data we collect: Full name, email address, company name, job title, phone number, event attended, any other Personal Data you decide to provide/supply us with.
    2. Purposes for which the Personal Data is being collected: To establish a business connection; and to send you marketing communications.
    3. Legal basis (GDPR only, if applicable): Consent and/or legitimate interest.
    4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: SalesForce (CRM).
    5. Consequences of not providing the Personal Data: We cannot (i) establish a business connection; and (ii) send marketing communications.
  5. When we use the Personal Data of our customers (e.g., contact details)
    1. Specific Personal Data we collect: Full name, email address, job title, phone number, company name, any other Personal Data you decide to provide/supply us with.
    2. Purposes for which the Personal Data is being collected: To provide our products and services; to perform the applicable agreement; to allow you to log in to our platform for customers and to communicate with you for service-related communications.
    3. Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to which our customer is a party. Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.). Legitimate interest (e.g. send you contract-related communications).
    4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: ZenDesk (Support), SalesForce (CRM), NetSuite (ERP), Okta (User authentication), Google G-Suite (Email and collaboration), Slack (Communication) and Monday.com (Project management).
    5. Consequences of not providing the Personal Data: We cannot (i) provide the services and/or our products; (ii) perform the agreement; (iii) allow you to log in to our platform for customers; and (iv) communicate with you.
    6. Marketing communications: We collect your full name and email address to send you marketing communications in accordance with your consent. We share these Personal Data with 3rd party platforms such as for the following purposes ZenDesk (Support), SalesForce (CRM), Google G-Suite (Email and collaboration), Slack (Communication) and Monday.com (Project management). If you do not provide us with the data, we cannot send marketing communications.
  6. When we use the Personal Data of our resellers, distributors, agents and/or finders (e.g. contact details)
    1. Specific Personal Data we collect: Full name, email address, job title, phone number, company name, any other Personal Data you decide to provide/supply us with.
    2. Purposes for which the Personal Data is being collected: To contact our reseller, distributors, agents and/or finders; to provide our products and services; and to preform/execute the applicable agreement.
    3. Legal basis (GDPR only, if applicable): Processing in necessary for the performance of a contract to which the data subject is party or in to take steps at the request of the data subject prior to entering into a contract. Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.). Legitimate interest (e.g. perform the contract, send contract-related communications).
    4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: ZenDesk (Support), SalesForce (CRM), NetSuite (ERP), Okta (User authentication) and Google G-Suite (Email and collaboration), Slack (Communication) and Monday.com (Project management).
    5. Consequences of not providing the Personal Data: We cannot (i) contact our reseller, distributors, agents and/or finders; (ii) provide the services and/or our products; and (iii) perform the applicable agreement
    6. Marketing communications: We will collect your full name and email address to send you marketing communications. Depending on the context, we will rely on legitimate interest (e.g., B2B communications) or your consent. We share these Personal Data with 3rd party platforms such as for the following purposes ZenDesk (Support), SalesForce (CRM), and Google G-Suite (Email and collaboration). If you do not provide us with the data, we cannot send marketing communications.
  7. When we use the Personal Data of our service providers (e.g. contact details)
    1. Specific Personal Data we collect: Full name, email address, phone number, job title, company name, any other Personal Data you decide to provide/supply us with.
    2. Purposes for which the Personal Data is being collected: To contact our service providers; to perform the applicable agreement; and to send contract-related communications.
    3. Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc). Legitimate interest (e.g. perform the contract, send contract-related communications).
    4. Third parties with whom we share your Personal Data: 3rd party platforms such as for the following purposes: NetSuite (ERP) and Google G-Suite (Email and collaboration).
    5. Consequences of not providing the Personal Data: We cannot (i) communicate with you; (ii) perform the applicable agreement; and (iii) send contract-related communications.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Anonymous Information may include data about our Customers and Individuals. For example, we may use the Anonymous Information for the purpose of issuing the billing to, and to provide analytics and metrics to, our Customers. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

2. HOW WE PROTECT AND RETAIN YOUR PERSONAL DATA

  1. Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
  2. Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request. Please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. Regarding retention of cookies, you can read more in our cookie policy.

3. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described above, we may share your Personal Data as follows:

  1. With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies.
  2. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
  3. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
  4. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or
  5. Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

  1. Internal transfers: Transfers within the Qwilt group will be covered by an internal processing agreement entered into by members of the Qwilt group (an intra-group data processing agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to.
  2. External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When Qwilt engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR), or ii) Standard Contractual Clauses issued by the European Commission. Qwilt also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.

5. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT.

  1. Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
    • You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
    • You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading;
    • You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;
    • You have the right to object, to or to request restriction, of the processing;
    • You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
    • You have the right to object to profiling;
    • You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please  note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
    • You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
    • You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
  2. You can exercise your rights by contacting us at privacy@qwilt.com. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
  3. Deleting your account: Should you ever decide to delete your account, you may do so by having your company’s focal point for the Qwilt business contact, the applicable support or sales representative from Qwilt, if no such focal point exist email privacy@qwilt.com. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

6. USE BY CHILDREN.

We do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any Personal Data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at privacy@qwilt.com.

7. INTERACTION WITH THIRD PARTY PRODUCTS.

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

8. LOG FILES

We use log files. On our Website we use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information. On our Open-Caching Service we use such information to analyze usage and trends, administer the service, identify and troubleshoot issues with our service, and to track users’ movement around the service.

9. ANALYTIC TOOLS

  • Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
  • We reserve the right to remove or add new analytic tools.

10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

  1. Our California Do Not Track Notice (Shine the Light): Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, but we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

11. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at privacy@qwilt.com.