Effective May 1, 2019
Scope of this Policy
Collection of Information
Generally speaking, we collect or receive the following types of information when you use the Services:
Information You Provide Directly or Others Provide About You. We may receive information about you in several different ways, including when you create an account. In some instances, when you are affiliated with our Client, that Client may provide us with information about you. This information may include:
Information We Collect Automatically. We collect some information about you and your computer or mobile device automatically when you use the Services.
This information may include:
Location Information. When you use the Services, we may collect information about your location separately from your address or other information that you provide to us explicitly. For instance, we may use the GPS feature of your mobile device or your IP address to help determine your geographic location. (You may disable the collection of geolocation data on your device, but may not be able to use some of our Services if you do so.
Social Networking Information. If you log in to BanQu through a social networking account (e.g., Facebook, Twitter, or Google), we may collect information about you from that social networking account, including your name, email address, birthday, gender, profile photo, and other information associated with your social networking account.
Transaction History. When you use the Services to complete a transaction, we keep a record of the details of that transaction, which may include User ID, the amount or nature of the good, service, or other item subject to the transaction, as well as device, IP address, and location information.
Information from Commercially Available Sources. We may receive additional information about you—such as the websites you have visited—from sources such as data brokers, data cooperatives, and public databases.
Use of Information
We use the information we collect and receive about you for the following general purposes:
We use your location information to verify and secure your transactions through the Services.
Sharing of Information
We may share your information with the following entities:
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.”
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.
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.
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
BanQu—as well as certain third parties that provide functionality on the Services—uses a variety of technologies to learn more about how people use the Services and the Internet. This section provides more information about some of those technologies and how they work.
Questions and Contact Information
323 N. Washington Avenue
Minneapolis, MN 55401
BanQu, Inc. (BanQu)
Effective May 1, 2019
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.
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.
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 firstname.lastname@example.org 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 email@example.com or Klarquist Sparkman, LLP, 121 S.W. Salmon Street, Suite 1600, Portland, OR 97204.
By using the Services, you agree not to (and agree not to encourage or induce any third party to):
You further agree not to violate or attempt to violate the security of the Services, including, without limitation, by:
Violations of system or network security may result in civil and criminal liability. BanQu and its affiliates may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
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.
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.
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.
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.
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.
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.
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.
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.