WHAT IS A COOKIE?
Whether you are a visitor or registered user, you must comply with our terms of website use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-
- A "cookie" is a piece of information that is stored on your computer's hard drive if you agree to this and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
- Cookies are used by nearly all websites and do not harm your system.
- We are required to obtain your consent for all non-essential cookies used on our website. You can block cookies (including essential cookies) at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block essential cookies you may not be able to access all or parts of our site.
Cookies are either:
- Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
- Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics.
Cookies can also be categorised as follows:
- Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and/or service. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
- Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
- Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
- Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.
- is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- First and third party cookies: First party cookies are cookies set by our website. Third party cookies are cookies on our website that are set by a website other than our website, such as where we have adverts on our website or use Facebook pixels so that we can show you relevant content from us when you are on Facebook.
What is GDPR?
The General Data Protection Regulation is a law imposed by the EU. GDPR helped to create a standardised across the continent for how data is collected, used and protected. This meant businesses and organisations had to make some changes to ultimately become transparent to their website. All countries within the EU must comply with this law, the UK is also included in this list of countries despite no longer being part of the European Union. This law was introduced to protect the privacy of everyone located in the EU, regardless of if they are citizens or just visiting. Implemented in May 2018, GDPR replaced the 1995 Data Protection Directive 95/46/EC and included a lot of changes that tightened up Data Protection of EU users.
Why GDPR is a good thing...
GDPR might seem like another thing on your to-do list but take a look at the benefits of GDPR and why here at Motivation Digital we not only support it but we also offer to make your website GDPR compliant for you!
So... why do we love it?
To start with GDPR is a law you must follow if you are an entity established in the EU or you offer goods and services to people in EU countries (plus the UK). If you want to learn more about laws and consent, click here.
GDPR means that your EU users can feel safe and protected with the enhancement in privacy laws. Users have the right to access what cookies are being used on the website they're browsing, why they're being used and what happens when they leave the website. If your website is not compliant with GDPR then you may be subject to penalty fines - to read more about GDPR and other Data Protection Laws you need to be aware about, click here.
How we made sure we are GDPR compliant...
We made the necessary checks to our own website to make sure we were compliant with GDPR, we followed a few processes to make sure this was done right.
We conducted two audits:
- How we Collect and Process Data
We reviewed all of the activities conducted by Motivation Group, investigating what data we absolutely needed to collect to great a better user experience, and how this data is processed. We ensured the necessary safeguarding measures are in place to protect our users and their data.
- Third-Party Vendors
To assist the collaboration between our team and our users, we have Third-Party Vendors. As part of our accountability we have checked and validated the GDPR compliance of each of our Third-Party Vendors.
Terms & Conditions Update
We're here to help!
If you have any questions about GDPR please email us at [email protected]
This privacy notice provides you with details of how we collect and process your personal data through your use of our site.
By providing us with your data, you warrant to us that you are over 13 years of age, are the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our Full Contact Details Are:
Full name of legal entity: Qina Tech
Email address: [email protected]
Postal address: PO Box 1143, Olhao, Faro, 8700-282
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record-keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at [email protected]
In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law. We do not carry out automated decision making or any type of automated profiling.
3. HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt-out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by emailing us at [email protected] at any time.
If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Other companies in our group who provide services to us.
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers. In some circumstances, we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at: www.ico.org If you wish to exercise any of the rights set out above, please email us at [email protected] You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
10. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Terms of Service
This is the acceptable use policy, which, together with our terms of website use, sets out the terms under which we Qina.Tech allow you to use our site https://www.qina.tech whether you are a visitor or a registered user. All enquiries should be directed to [email protected] Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
PROHIBITED USES OF OUR SITE
Whether you are a visitor or registered user, you must comply with our terms of website use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-
- any fraudulent activity;
- any activity which breaches any applicable law or regulation, whether national or international;
- any activity which may cause or result in harm to a child under 18 years of age;
- sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
- reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
- knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
- attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
- attacking our site via a denial-of-service attack or a distributed denial-of service attack.
CONTRIBUTING AND INTERACTING
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
- is defamatory, obscene, offensive, hateful or inflammatory;
- is, or refers to material which is, sexually explicit;
- promotes violence, illegal activity or any form of discrimination;
- infringes any other person’s copyright, database right or trade mark;
- threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
- advocates, promotes or assists any illegal activity;
- is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
- invades another’s privacy or cause inconvenience or anxiety to any person;
- is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- gives the impression that the material emanates from us, if this is not the case.
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
- we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
- if moderation is in place, we will give you a means to contact the moderator;
- although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
- Children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.
The site is operated by Qina.Tech ("we" or “us”). We are registered in Portugal under company number PT515286834. Our registered office address is Rua Jose Botelho 11, Olhao, 8700-239. Our email address is [email protected]
For the purpose of these general terms and conditions the following is understood as:
The Qina platform: the service that provides access to the database of personalised nutrition solutions via an annual subscription.
Content: Any and all text, graphic images, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, and any and all other materials that are published on or by means of the Website or that can be downloaded by a user.
Services: Any additional services that are made available via the Website, e.g. expert consulting for innovation projects or interviews.
User Content: Any and all Content that is made available to you based on your subscription type. These include newsletters, executive data briefs, recorded presentations, interviews and trend reports.
Website: Refers to the qina.tech website accessible via the current URL, and domain names with different extensions, however also via different channels (e.g. via the app and other (mobile) media).
License holder: Is an individual who has access to the Qina platform using a unique username and password assigned to them. Subscription packages offer different number of licenses.
2 – Account / profile
2.1 To make use of the Services you apply for a personal account will need to be created as outlined on the Website. Depending on the type of business, an appropriate subscription will be assigned to you. Annual or monthly subscriptions are paid directly to Qina as per agreement for the number of licences per company. Alternative payment can be arranged by bank transfer or card payment by contacting us on the email above.
2.2 The account information that you provide must be entered completely and truthfully. You agree that we can store your data and use the same for your account.
2.3 You are personally responsible for keeping your login data secret from others and you shall not grant others access to the Services with the help of your account. You are liable for any and all acts that are carried out via your account. As soon as you suspect your account and/or your identity are being used unlawfully you must immediately inform the team at Qina at info %at%qina.tech accordingly.
2.4 Registration details may not be shared. Fot enterprise memebrships, Qina will send Qina platform registration details directly to each individual team member once payment has been received.
3 – Agreement duration
3.1 An agreement with qina.tech is concluded when you register via the website and create a profile. An agreement is legally binding for the Current agreement duration period as defined in article 3.2.
3.2 Agreements are concluded for a fixed term. This agreement will start on the day payment is received and end based on the contract period selected. You will be contacted at least 60 days before your subscription is due to expire via email.
Paid subscription fees are not refundable.
4 – Prices and payments
4.1 Any and all prices and rates are excluding VAT, unless indicated otherwise.
4.2 As a subscriber you can choose from numerous payment options. Subscribers can by directly by card or via bank transfer. All payments must be made in Euro’s and any bank fees must be covered by the company subscribing to the platform directly. We use third party payment payment processing company Stripe and Paypal for online payments.
4.3 The subscriptions packages differ in price and includes support for technical and minor issues. Any additional strategic advice, expert input, report requests or market insights is available on the Enterprise plan.
4.5 Banking details for Qina are available on request, please email us.
5 – Intellectual property rights
5.1 Any and all (intellectual) property rights on content (product descriptions, video interviews, reports) are exclusively held by QinaTM. Qina is a internationally registered trademark and applies to all audiovisual content and colours.
5.2 Subscribers to the Qina platform are at no point authorized to use the content for purposes other than for which it is meant. This means you cannot copy, edit, and/or disclose any content provided on the Qina platform, or pretend to that the content was created by you by covering our logo´s or trademarks.
5.3 Qina holds the exclusive rights to any content created for subscribers such as reports, presentations, data analysis, de-identified data, graphics, transcripts, study protocols or algorithms as part of the Qina database. Paid subscribers can license the content from Qina by prior agreement.
6 – Disclaimers
6.1. Qina is committed to maintain the database by updating the content on a weekly basis.
6.2 Qina has the right to refuse any company addition to database if companies to not meet the standards or criteria for a personalised nutrition solution.
6.3 Qina maintains the database in good faith based on their market insight, intelligence and own views. A subscriber is at no point forced or mandated to act on the advice or recommendations provided on the Qina platform. Therefore, Qina will not be held responsible for any and all financial losses, damages or strategic decisions made by subscribers as a result of the content shared on the Qina platform. Companies act on their own accord and are fully liable for their own actions.
6.4 Qina maintains the right the right to change, block or otherwise render the User Content inaccessible if the latter is in breach of the provisions set forth in these terms and conditions of use or, if need be, without stating reasons.
6.5 The Qina score assigned to each company is based on a proprietary weighting and reflects the opinion and perspective of Qina as is in no way a reflection of the industry. Therefore Qina will not be held responsible for any damages or losses experienced by any website users. This includes but is not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
7 - Content, availability and discontinuation of Services
7.1 Qina has integrated the necessary security and firewalls to provide an excellent service. The Services are made available “as is”. You agree that Qina shall never be liable for loss of or damage to your computer, data or computer and telecommunications systems due to the use of the Services provided by Qina.
7.2 Qina has the right to update the website at any time by giving a day’s notice to all subscribers.
7.3 If your paid Service is terminated, for any reason whatsoever, then you are not entitled to repayment of amounts already paid (in advance).
7.4 Qina abides by the EU GDPR (2018) data protection regulation. A copy of the privacy and and cookies policy can be found on the qina.tech website.
8 – Services and content of third parties
8.1 The website also contains, apart from services and products that are offered directly by Qina, products and/or services or content that are offered by third parties via hyper links. Qina shall never be liable for proposals or content of third parties or responsible for the quality of the products and/or services. If you decide to purchase products from third parties then you do this entirely at your own risk and expense. In addition, the general terms and conditions of the relevant third parties are applicable to the services and/or products of said third parties.
9 – Changes to the website
9.1 Qina may at times update the content of the website. It plans to do this on weekends with minimal downtime and prior notice will be provided via email.
10 – Other provisions
10.1 Should one or more provisions of these terms and conditions be invalid or cancelled then the remaining provisions shall remain in full force and effect.
10.2 You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. If you wish to make any use of material on our site other than that set out above, please address your request to the email above.
10.3 When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss. Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
10.4 You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
11. JURISDICTION AND APPLICABLE LAW
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