Privacy Policy

BanQu, Inc. (“BanQu”) respects your privacy. This Privacy Policy tells you how we will use the information entrusted to us when you visit https://banqu.co or any other online site or application we operate that links to this Privacy Policy (collectively the “Services”) from any device.

Scope of this Policy

This Privacy Policy describes how BanQu uses your personal information for its own purposes. It does not apply to the processing of personal information to provide services to the businesses and organizations that use our Services to provide you with economic identity services, as well as to conduct business with you (“Clients”).
Our Clients access our Services for their own purposes. If you are affiliated with any of our Clients, they may process your information pursuant to their own privacy policies. This Privacy Policy does not apply to our Clients’ collection and processing of your personal information.In connection with providing the Services to our Clients, we process certain personal information on behalf of and at the direction of our Clients. Our Clients remain the owners and controllers of that personal information. Any personal information we process on behalf of our Clients is governed by our Clients’ privacy policies. Except as expressly described in the “Client Employees” section below, this Privacy Policy does not apply to use of the Services by our Clients’ employees.

Collection of Information

Generally speaking, we collect or receive the following types of information when you use the Services:

Sharing of Information

Client Employees

We process personal information of our Clients’ employees with their instructions for the purposes of providing the Services to our Clients. We process some personal information of our Clients’ employees for our own purposes.
We process employees’ names, contact details (including work email addresses), login details (such as User IDs and passwords), information about how employees use the Services (such as device information and IP address) and location information. We collect this information to perform analytics, using de-identified and/or aggregated data, to continually improve the Services, provide an audit history, and understand how you use the Services.We may share your personal information as stated in “Sharing of Information.”

Third-Party Functionality

Some of the functionality on the Services may be provided by third parties that are not affiliated with BanQu. These entities may collect or receive certain information about your use of the Services, including through the use of cookies, Web beacons, and similar technologies. BanQu is not responsible for the privacy practices of these entities.

Storage and Protection of Information

Each user has a unique encrypted and hashed data block in the blockchain that is stored indefinitely. BanQu cannot make any changes or modifications to data stored in the blockchain. BanQu also maintains a permanent, time-stamped, and geo-tagged record of every user identity and related transaction. We use physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, or modification. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot ensure or warrant the security of any information that you transmit to us. Upon the termination of your relationship with us, we will remove your access credentials so that you are no longer able to access your data block.

Children’s Information

The Services are intended for a general audience and are not directed at children under an age determined by applicable law. We do not knowingly collect or store personal information about children without parental consent, unless permitted by law. Children are not permitted to create their own BanQu account. Parents of children or other adults can create an account on the child’s behalf.

Non-U.S. Users

All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you access the Services from outside the United States, please be aware that information you provide to us or that we obtain as a result of your use of the Services may be processed and transferred to the United States and be subject to U.S. law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. You understand and acknowledge that by using our website, accessed by any device, or by providing us with your information, we collect, transfer, store, and process your information to and in the United States.

Changing or Deleting Your Information

If you have submitted personally identifiable information (such as your name, address, email address, or social security number) through our Services and would like to change or delete that information, please log into your BanQu account.

Your California Privacy Rights

BanQu does not share your personal information with third parties for those third parties’ direct marketing purposes.

Other Jurisdiction-Specific Rights

Additionally, depending on where you are located, you may be have the right, in accordance with applicable law, to request access to all personal information we process about you; object to the processing of your personal information; withdraw your prior consent for your personal information to be processed; request that the processing of your personal information be restricted; and to request a copy of your personal information in a commonly used and machine-readable format and the right to transmit that personal information to another company.

Do Not Track Signal

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. We do not currently take action in response to those signals. If an industry standard on responding to such signals is established and accepted, we may reassess how to respond to those signals.

Cookies, Web Beacons, and Similar Technologies

Cookies, Web Beacons, and Similar Technologies

Changes to this Privacy Policy

From time to time, we may revise this Privacy Policy to reflect changes to the scope of the Services or for other reasons. Therefore, it is important to check the effective date of the Privacy Policy posted here each time you use the Services. If we make any material revisions to this Privacy Policy, we email you at the email address you have provided or will place a notice on our website. By continuing to use the Services after we make changes, you indicate your consent to those changes, except as limited by applicable law.

Questions and Contact Information

We want to assure you that we are dedicated to protecting your privacy. If you have questions or comments about this Privacy Policy, please contact info@banqu.co.

BanQu, Inc.
4100 HEATHERTON PLACE.
MINNETONKA MN 55345
United States

BanQu – Blockchain Application Terms of Use
BanQu, Inc. (BanQu)

Effective May 1, 2019

These Terms of Use govern your access to and use of BanQu’s website at https://banqu.co and any other website or online application that links to these Terms (the “Services”). These Terms are a legal contract between you and BanQu, and you agree to this contract by using the Services. These Terms also contain limitations on BanQu’s liability and an arbitration provision, so it is very important that you review them carefully before using the Services.

General

Please read these Terms carefully before using the Services. Your use of the Services is subject to these Terms. Your use of the Services constitutes acceptance of the conditions included in these Terms, as well as any further limitations that BanQu may provide to you in any written or online notice, form, or agreement.

BanQu may modify these Terms or change any features of the Services from time to time. If we make any material revisions to these Terms, we will email you at the email address you have provided or will place a notice on our website. By continuing to access or use the Services, you agree to follow and be bound by the Terms as revised.

Applicable Laws

You are required to comply with all applicable laws in your access to and use of the Services. You warrant that you will not use the Services for any purpose that is unlawful or prohibited by the Terms. You must be 13 years of age or older to use the Services.

Your agreement to these Terms shall be governed by the laws of the United States and the State of New York, with the exception of New York’s provisions for conflict of laws. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

Registration and Security

You agree to provide accurate, current, and complete information about yourself on the Services and to promptly update this information to maintain its accuracy. We may suspend or terminate your account and refuse any and all current or future use of the Services if we suspect that your information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username you use in connection with the Services, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify BanQu if you become aware of any unauthorized use of your password or username or any other breach of security. You may not transfer, sell, or otherwise assign your BanQu account or your rights or obligations under these Terms.

Privacy

By using the Services, you acknowledge that you understand the information collection, use, disclosure, and retention practices described in the Privacy Policy at https://banqu.co/privacy-policy/.

Copyrights

The Services (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) are protected under the copyright laws of the United States and other countries. All copyright rights in the Services are owned by BanQu or its third-party licensors to the full extent permitted under the Copyright Act of 1976, as amended, and all state, local, and international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services. To obtain written consent to use a copyrighted work, please contact info@banqu.co or Klarquist Sparkman, LLP, 121 S.W. Salmon Street, Suite 1600, Portland, OR 97204.

Trade and Service Mark Rights

All rights in the company names, trade names, logos, service marks, and slogans, whether or not appearing in large print or with the trademark symbol, belong exclusively to BanQu or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of BanQu, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of BanQu, please contact info@banqu.co or Klarquist Sparkman, LLP, 121 S.W. Salmon Street, Suite 1600, Portland, OR 97204.

Prohibited Conduct

Intellectual Property

BanQu may need to use images of you, in the course of providing the Services, to maintain physical and network security. You grant BanQu a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to host, use, execute, reproduce, distribute, sell copies of, modify, create derivative works of, publicly perform, publicly display, sublicense, and assign your name, image, likeness, and any intellectual property you provide BanQu in connection with your use of our Services. You grant BanQu permission to use your name, image, likeness, and information about your use of our Services for our internal business purposes and next to or in connection our advertising or marketing, without any compensation to you.

Termination

BanQu may terminate this agreement for any reason at any time. BanQu reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.

Disputes

If any dispute arises between you and BanQu, BanQu and you agree to negotiate in good faith to achieve a mutually acceptable resolution. If you and BanQu do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate, or participate in as a party or class member, all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a right of appeal under the Federal Arbitration Act.

Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York, New York. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. To the extent permitted by law, any claim or dispute must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.

Assumption of Risk, No Warranties

The Services contain information that was believed current as of the date of inclusion. While we may periodically update or correct information on the Services, we make no representation or warranty as to its accuracy, and we do not intend to update such information. The information on the Services is general in nature and is provided for information purposes only; it is not intended or recommended as a substitute for professional advice.
Your use of the Services is at your own risk. You accept and acknowledge that there are risks associated with using Internet-based economic identity services, including, but not limited to, the risk of failure of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored in your account and on the blockchain. You accept and acknowledge that BanQu will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused. We will not be responsible or liable to you for any loss, take no responsibility for, and will not be liable to you for any use of our Services, including but not limited to any loses, damages, or claims arising from: (a) user error or omissions in connection with any transaction initiated via the Services, (b) server failure or data loss, (c) unauthorized access to your account, or (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, bruteforcing, or other means of attack against the Services.
Without limiting the foregoing, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, MATERIALITY, CURRENCY, COMPLETENESS, LEGAL OR GOVERNMENTAL COMPLIANCE, OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR CONTEMPORANEOUSLY AND INDEPENDENTLY VERIFYING ANY INFORMATION CONTAINED IN THE SERVICES BEFORE RELYING ON IT. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE SAFE, SECURE, UNINTERRUPTED, OR ERROR-FREE.
Some jurisdictions do not allow the exclusions of implied warranties; therefore, the above exclusion may not fully apply to you.Our liability shall be limited to the fullest extent permitted by applicable law. Under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these terms or the Services will not exceed the greater of $100 or the amount you have paid us in the past month.

No Cancellations or Modifications

Once transaction details have been submitted via the Services, BanQu cannot assist you to cancel or otherwise modify your transaction details. BanQu has no control over the blockchain network and does not have the ability to facilitate any cancellation or modification requests.

Taxes

It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that BanQu is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transactions.

Links to Other Websites

The Services contain links to other websites maintained by other companies. We provide these links to you only as a convenience. The inclusion of any link does not imply endorsement by us of any third-party site. We do not have any control over the content of such third-party sites and assume no responsibility whatsoever for the accuracy of any information contained on such third-party sites.

No Waiver

The failure of BanQu to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BanQu as a result of these Terms or your access to and use of the Service.

Third Parties and Assignments

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Entire Agreement

Unless otherwise specified herein, the Terms constitute the entire agreement between you and BanQu and govern your use of the Service. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Severability

If any provision or any part of a provision of these Terms is held invalid, illegal, or unenforceable as a matter of law, that portion, provision, or part of the provision, as applicable, shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions, provisions, or part of provisions, as applicable, shall remain in full force and effect. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the provision. To the extent that modification in accordance with the preceding two sentences is impossible, any invalid, unenforceable, or illegal provision shall be deemed not to form part of these Terms and all other provisions of these Terms shall remain in force.