Our Privacy Policy

Last Updated: June 02, 2024

This privacy policy (“Privacy Policy”) governs how we QualiSystems Ltd. (“QualiSystems”, “Quali”, “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”), such as in the following use cases:

• When you browse or visit our websites, www.quali.com (“Website”), www.qcloudshell.io (“CloudShell Mini-site”) www.qtorque.io (“Torque Mini-site”)
• When you make use of, or interact with, our Website or Mini-sites

1. 1. When you schedule a demo
   2. When you register to webinars
   3. When you chat with us via the Website Bot
   4. When you download SDK
   5. When you download whitepapers, case studies, videos & Webinar recordings
   6. When you apply and complete a survey or a sweepstake registration online (or by card or offline)
   7. When you apply for job in our website
   8. When you subscribe to our newsletters / emailing list/ updates
   9. When you contact us (e.g. ask question regarding our solutions)

• When you create an account and make use of, or interact with Quali services as a User:

1. 1. Quali support – https://support.quali.com/
   2. Quali university – https://courses.quali.com/
   3. Quali community – https://community.quali.com/

• When you make use of, or interact with Torque https://portal.qtorque.io

1. 1. When you browse Torque
   2. When you create an account, log in and make use of the services
   3. When you request a demo or a free trial
   4. When you contact us (e.g. when you want to start a trial or to receive information about our integrations)
   5. When you chat with us via the Torque Bot

• When you make use of CloudShell Live https://cloudshell.live , https://demo.quali.com

1. 1. When you create an account, log in and make use of the services

• When you make use of Cloudshell within your organization

1. 1. When you request Quali for support and provide CloudShell Database or Logs for the purpose of failure detection

• • When you attend a marketing event and provide Personal Data
  • When you exchange business cards with us (provided at events, road shows, conferences, referrals or other face to face communication);
  • When we acquire your Personal Data from third-party sources (such as lead-generation companies)
  • When we use the Personal Data of our service providers and suppliers
  • When we use the Personal Data of our customers and partners
  • When you interact with us on our social media profiles (e.g., Facebook, Twitter, LinkedIn)
  • When you subscribe or start a trial of Quali products (CloudShell, Torque) on digital marketplaces such as AWS Marketplace or Azure Marketplace
  • When you are a user and decide to create an account and make use of Torque Community site at community.qtorque.io

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices 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. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

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:

• WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
• HOW WE PROTECT AND STORE YOUR INFORMATION
• HOW WE SHARE YOUR PERSONAL DATA
• ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA
• YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
• USE BY CHILDREN
• LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS
• LOG FILES
• ANALYTIC TOOLS
• CALIFORNIA PRIVACY RIGHTS
• OUR CALIFORNIA DO NOT TRACK NOTICE
• DELETION OF CONTENT FROM CALIFORNIA RESIDENTS
• CONTACT US

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made 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

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

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. The abovementioned 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 STORE YOUR INFORMATION

2.1. 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.

2.2. Retention of your personal data. In addition to the retention periods mentioned above, 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 notice.

3. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described above, we may share your personal data as follows:

• With our authorized resellers, service providers and other third party partners, either with your consent or in accordance with our legitimate interests which are balanced against your rights and freedoms. We may also share Personal Data with our affiliated companies.
• 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;
• 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;
• 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; and/or
• 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

• Storage: AWS with servers located in United States and Europe (all regions), Azure with servers located in United States and Europe (all regions)
• Internal transfers: We ensure transfers within the QualiSystems group will be covered by an agreement entered into by members of the QualiSystems group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;
• External transfers: Where we transfer your Personal Data outside of the EU/EEA, for example, to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. When Quali 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) (for example, when we access from Israel), or ii) Standard Contractual Clauses issued by the European Commission. Quali 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.
• EU-US Data Privacy Framework: QualiSystems, Inc complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. QualiSystems, Inc has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. QualiSystems, Inc has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification here, please visit https://www.dataprivacyframework.gov/.

5. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

5.1. 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.

You can exercise your rights by contacting us at privacy@quali.com. 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.

5.2. Deleting your account: Should you ever decide to delete your account, you may do so by emailing privacy@quali.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 offer our products or services for use by children. If you are under 18, you shall not use the Website, or provide any information to the Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

7. LINKS TO AND 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 make use of log files. We use such information analyze trends and administer the Website, track users’ movement around the Website, and gather demographic information.

9. ANALYTIC TOOLS.

Our Websites and/or Mini Sites uses analytic tools to collect information about use of the Websites and/or Mini Site. These tools collect information such as how often users visit the Websites and/or Mini Sites, what pages they visit when they do so, and what other websites they used prior to coming to the Websites and/or Mini Site. We use the information we get from these tools to maintain and improve the Websites, Mini Site and our products. We do not combine the information collected through the use of these tools with personally identifiable information.

The tools we are using are:

• 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 personally identifiable information. 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/.
• PostHog: We use PostHog on our Website and some of the services (e.g., Torque) in order to better understand our users’ needs and to optimize this service and experience. PostHog collects user experience data of your usage of our Website and services and surfaces issues to engineering, product and marketing teams. PostHog uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our Website).For further details, please see PostHog privacy policy here.
• We reserve the right to use other analytic tools.

10. CALIFORNIA PRIVACY RIGHTS.

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@quali.com. Please note that we are only required to respond to one request per customer each year.

11. OUR CALIFORNIA DO NOT TRACK NOTICE.

We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. 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 Site.

12. DELETION OF CONTENT FROM CALIFORNIA RESIDENTS.

If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

13. 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@quali.com.