Privacy Policy

Last Updated on March 9, 2022

Privacy Policy

In the course of our business activities, Quelliv, Inc. (along with its subsidiaries, collectively, Quelliv, the Company, we, us, or our ) receives personal information regarding persons with whom we interact, including our valued individual customers and prospective customers, candidates and applicants for employment or engagement, employees, users of our technologies, representatives of our entity customers and prospective customers, individual (and representatives of our) vendors and suppliers and prospective vendors and suppliers of goods and services to the Company, visitors to our websites (including http://www.Quelliv.com), which we may collectively refer to herein as Website, individual shareholders and directors who in most cases are not our employees, and any other individuals about whom the Company obtains personal information (each, you ). Out of respect for your privacy interests in your personal information, we have adopted this Privacy Policy. This Privacy Policy describes (a) the principles governing our privacy practices, (b) how we collect, use, and otherwise process your personal information, and (c) our good faith understanding of the rights that you have in relation to our processing of your personal information. Our personnel are required to comply with the Company’s data privacy practices as set out in this Privacy Policy and other data privacy-related Company policies.

Where We Operate and Applicable Law

Quelliv is a Wyoming corporation, having its principal offices located in Florida, and operating or preparing to operate in a number of states in the United States. The laws of the jurisdictions where we operate or will operate may have specific application to the personal information that we receive regarding you if you reside in those areas. Our homepage at the following link will provide you with access to the contact and location details applicable to the jurisdictions wherein we have established a physical presence: https://www.Quelliv.com.

We endeavor to make our Privacy Policy consistent with applicable laws, including, when, if and at such time that such law(s) become(s) applicable to Quelliv, the California Consumer Privacy Act (the CCPA ) and the California Privacy Rights Act ( CPRA ) (which is scheduled to become enforceable effective January 1, 2023), with regard to personal information that we receive concerning persons who are residents of the State of California. Some states may impose special requirements on businesses like ours that receive personal information regarding their residents, and some of the provisions of this Privacy Policy are specifically provided in compliance with those requirements.

Personal Information Defined

In this Privacy Policy, personal information means information that (either in isolation or in combination with other information that we have or receive) enables you to be identified or recognized. With respect to California residents, at such time that the CCPA begins to apply to Quelliv, personal information in this Privacy Policy more particularly means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, subject to certain exceptions set forth in the CCPA.

Collection of Personal Information through Technologies

We employ a number of technologies in our business in addition to our Website, particularly including our mobile application (the application and Website are referred to herein collectively as the Platform )—any or all of which could be involved with the collection, processing, use and storage of your data. This Privacy Policy applies to all of our technologies, including the Platform.

In order to engage with our Platform as customer, you will have to activate a Platform Account. By using the Platform or any part thereof, and particularly if you activate a Platform Account, you warrant and represent (a) that you have read, understand, and agree to all terms and conditions stated in this Privacy Policy, including our Terms and Conditions of Use policy, available here ( Terms ), which is incorporated herein by reference, which govern the use of our Platform, and (b) that you consent and authorize Quelliv to collect, use, process and store any personal information you choose to share via the Platform consistent with this Privacy Policy and our Terms.

By establishing a Platform Account, you agree that it is your responsibility to: authorize, monitor, and control access to and use of your Platform Account, User ID and password. Promptly inform us of any need to deactivate a password or an account emailing our Data Protection Officer at info@quelliv.com; alternatively, you can contact the Data Protection Officer at 888-798-9100.

If you do NOT agree with our collection and use of your personal information as described in this Privacy Policy, please do not visit our website or engage with us through our Platform or activate a Platform Account, in each instance as applicable.

Your Consent

If required by applicable law, we will seek your additional, express consent to our processing of your personal information as detailed in this Privacy Policy through any applicable standard required by law—such as by a link to this Privacy Policy that you acknowledge when you first engage with elements of our Platform. Any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your personal information, the use of this website or our Platform and other services or our securing of products and services from you, in each instance as applicable, may not be possible.

The Information that We Collect and How We Use and Share the Information

The information that we collect regarding you and the purposes for which we use and share the information depend substantially on the nature of the relationship that we have with you and how you interact with us. The following table provides details regarding our collection, use and sharing of personal information:

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General Use Considerations

We may consolidate the information as detailed above with information that we receive or obtain from other sources, such as from our staff or personnel, customers, professional advisers, partners, and agents of Quelliv, third parties with whom we interact, regulators and authorities, and publicly available sources. The information may be considered individually or on an aggregated basis, depending on the applicable purpose.

Three principal Platform related data use objectives that steer many of our Platform related decisions include (1) enabling effective use of the Platform by our customers, (2) improving User experience by offering personalized application modifications, content and advertising, and (3) market research.

In addition to the specific uses noted above, we also note that we may use information that we receive in all categories, as necessary (a) for our legitimate interests to prevent illegal activities, including fraud, and to keep our website and IT systems and processes safe, and to enforce our terms and conditions of use and other agreements, as applicable, (b) to debug, analyze, troubleshoot and audit our systems and data, (c) to comply with legal or regulatory inquiries/requests, (d) for quality assurance purposes, (e) to provide our services, effect billing, and conduct identification and authentication, in each instances as applicable, (f) for internal market research, and (g) to comply with corporate governance requirements.

General Sharing Considerations

We note that we may be required to share information that we receive in the following situations generally:

with law enforcement, regulatory, or government agencies requesting personal information in connection with any inquiry, subpoena, court order, or other legal or regulatory procedures, with which we would need to comply; to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others; to defend against legal claims in connection with a reorganization, restructuring, merger, acquisition, or transfer of assets of our Company, provided that the receiving party agrees to treat your personal information in a manner consistent with this Privacy Policy.

Third Parties Generally

Although we endeavor to assure that our contracted third parties receiving your information are bound by privacy restrictions at least as restrictive as those set forth in this Privacy Policy, Quelliv is not responsible for any issues that may arise regarding the privacy policies of any of such third parties. By using the Platform, you hereby agree to hold Quelliv harmless from any claims and/or damages that may arise from the actions of any of such third parties.

Sensitive Personal Information

Sensitive personal information under many laws includes data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. We do not actively seek sensitive personal information; however, we may collect (a) racial or ethnic origin information that you as an employee voluntarily provide to us in order for us to comply with applicable employment laws; (b) fingerprint data as a means for employees to access certain of our offices or centers within our offices; and (c) health information in connection with the securing and provision of health and related benefits programs for our employees. In addition, some sensitive personal information may be evident in certain elements of data gathered from you—such as any photos of you.

We do not sell, lease, trade or profit from any such information, and we do not disseminate any such information except as specifically detailed in this Privacy Policy.

HIPAA

Our use and disclosure of certain of your information may be or become subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ( HIPAA ) and applicable state law. Any information that you submit to us that constitutes Protected Health Information, as defined by HIPAA, is subject to HIPAA and applicable state law. The term Protected Health Information or PHI refers to individually identifiable health information about your past, present or future physical or mental health or condition, the provision of health care to you or the past, present or future payment for such care. Any information collected via the Platform or at our facilities that constitutes PHI will be subject to this Privacy Policy.

In addition to personal information, we may sell or disclose customer information that has been deidentified as permitted by law. To the extent we sell or share such deidentified patient and/or member information, we do so pursuant to one of the deidentification methodologies described in Section 164.514(b)(1) or (b)(2) of Title 45 of the Code of Federal Regulations, commonly known as the HIPAA expert determination method and the HIPAA safe harbor method, respectively.

Geolocation Deactivation

Users of the Platform whose geolocation is activated may, if you do not want us to use your location for the purposes set forth above, turn off the location services for the application located in your account settings or in your mobile phone settings and/or within the application. However, deactivating such features may limit or eliminate your ability to find the most proximate Quelliv facilities at which to receive services.

The Systems We Use to Collect and Process the Information

We collect information directly from you, as detailed above, and we also gather information about you as we conduct our business such as through the course of completing and exchanging contracts, forms, letters, billing and payments, and other information as well as through our Platform and other systems, including, for example, our:

email system
instant messaging systems
mobile and office phone systems, including voicemail and related software and also the records relating to such use
intranet and Internet systems
computer network
other relevant systems and other hardware and software owned, used or provided by or on behalf of us.

We are not responsible for the data policies or procedures or content of any linked websites. We recommend that you check the privacy and security policies of each website you visit.

Our Security Measures to Safeguard the Information

We have implemented technical and organizational security measures in an effort to safeguard the personal information in our custody and control. Such measures include, for example (in addition to limiting access to our premises, our data and our technology) limiting access to personal information only to staff and third parties on a need-to-know or contract limiting basis for the purposes described in this Privacy Policy, as well as other administrative, technical, and physical safeguards. In addition, Quelliv makes every effort to ensure that your information is secure on its systems by using encryption technologies for data transmissions and web-based services for data storage using reputable third-party service providers such as Amazon Web Services. Sensitive personal information, like health-related data and credit card numbers, is always transmitted in encrypted form. Only certain authorized Quelliv staff can access personal information, and then only to the extent that it is relevant to their job duties.

Your Platform Account is password-protected so that only you and authorized Quelliv staff have access to your Account information. In order to maintain this protection, do not give your password to anyone. If someone represents to you that they are Quelliv staff and asks for any personal Platform Account information, including password, check their URL. If it does not say they are info@quelliv.com, they are not from Quelliv. Also, if you share a computer or an app on your mobile device, you should sign out of your Quelliv Account and close the browser window before someone else logs on or otherwise handles, accesses or uses your computer or mobile device. This will help protect your information entered on devices from disclosure to third parties.

Quelliv has staff and contractors who are dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security and making sure that every Quelliv employee is aware of our security practices. We take commercially reasonable steps to protect personal information from loss, misuse and unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and no security system is impenetrable. As a result, Quelliv cannot guarantee the security of our databases or the databases of third parties with which we may share such information, nor can we guarantee the security of any information you transmit to us, and you do so at your own risk. By providing information online, you accept the inherent security risks of providing information over the Internet and will not hold us responsible for any breach of security. While Quelliv will endeavor to use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold Quelliv harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms and Conditions of Use, available here. Quelliv expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this website.

How We Retain the Information

We will only retain your personal information for as long as necessary for the purposes for which that information was collected as set out in this Privacy Policy or for such longer period as is required under any applicable legal, regulatory, accounting, or reporting requirements. Should you opt out or no longer wish to receive marketing messages from us, we will securely delete your personal information from the relevant mailing list(s) as detailed below.

Any biometric data collected in the course of our relationship with you, as applicable, is deleted upon the conclusion of our relationship with you.

Residents of California – Applicable at Such Time That the CCPA and CPRA Apply to Quelliv

The CCPA and CPRA are anticipated to apply to us as to Personal Information applicable to California residents at such time that that we have annual revenues in excess of $25 million. We do not sell or lease personal information to any party, and we do not provide personal information to any parties except as specifically detailed in this Privacy Policy. At such time that the CCPA begins to apply to us, then if you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:

Access – to receive the specific pieces of your Personal Information we have collected about you in the 12 months preceding your request;

Portability – to receive a copy of your electronic personal information in a readily-usable format;

Information Regarding Sources and Purposes – to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your right to know request;

Deletion – to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation,

(ii) to detect security incidents, (iii) to protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iv) in order to complete a transaction for which your personal information was collected; and

Non-Discrimination – to be free from discrimination by us with regard to pricing or performance as a result of you exercising your rights under the CCPA.

If you wish to exercise these rights, you must submit a request by emailing our Data Protection Officer at info@quelliv.com; alternatively, you can contact the Data Protection Officer at 888-798-9100. The CCPA requires us to verify requests we receive when one is seeking to exercise certain of the rights listed above. We may ask you to provide certain information in order for us to verify your request.

With regard to your rights under the CCPA, we note in the table above we detail the personal information that we have collected about California residents in the last 12 months, as well as the sources from which we obtain the listed categories of personal information and the parties with whom such information has been shared.

In the preceding 12 months, we have not sold any personal information.

Note that certain of the rights set forth above do not apply until January 1, 2023, for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.

Beginning on January 1, 2023, residents of California will have the following additional rights under the CPRA (applicable to Quelliv at such time that that we have annual revenues in excess of $25 million):

Correction – to require businesses to correct inaccurate personal information;

Opt Out of Automated Decision-Making Technology – to opt out of the use of automated decision making technology, including profiling, in connection with decisions related to a consumer’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;

Access Information About Automated Decision-Making – to make access requests seeking meaningful information about the logic involved in the decision-making processes and a description of the likely outcome based on that process;

Restriction of Use of Sensitive Personal Information – limit businesses’ use and disclosure of sensitive personal information —subject to certain exemptions; and

Deletion of Data Provided to Third Parties – to notify third parties to delete date received from us—subject to certain exemptions.

The CPRA also imposes requirements regarding mandatory risk assessments and cybersecurity audits for certain high-risk activities.

The CPRA includes in the list of sensitive personal information the following elements of data:

Data that we typically collect for the purposes noted in the table above: social security, driver’s license, state identification card, or passport number; a consumer’s account log-in, in combination with any required security or access code, password, or credentials allowing access to an account [that you maintain with us as a job applicant or employee]; a consumer’s precise geolocation; a consumer’s racial or ethnic origin; and

Data that we do not typically collect: financial account, debit card, or credit card number; religious or philosophical beliefs, or union membership [unless required for purposes of deducting, transmitting and reporting of union dues, as applicable];the contents of a consumer’s mail, email and text messages, unless the business is the intended recipient of the communication; a consumer’s genetic data; a consumer’s sex life or sexual orientation information.

We may, at our option, allow persons who are not residents of California to make use of the rights available to California residents. If you are not a California resident, but you wish to exercise such rights, please contact our Data Protection Officer at info@quelliv.com, and we will consider your request.

Minors and Children

We do not seek to collect or maintain information on our website from those we know are under 18, and no part of our website is structured to attract anyone under 13. If you are the parent or legal guardian of a child under 13 who uses our website, then please contact our Data Protection Officer at info@quelliv.com to have that child’s information deleted. OnGuard Online, maintained by the Federal Trade Commission of the United States of America, provides a resource that may help parents and legal guardians in monitoring and limiting their children’s access to certain types of material on the Internet.

Advertisements within Our Platform

Advertisements are a standard part of user experience on the Internet, and Quelliv believes that targeted advertising enhances this experience. Quelliv may accordingly use Cookies and other technologies and personal information to place advertisements where we believe interested parties will see them.

In addition to banner advertisements, Quelliv may advertise products, companies and events that we think might interest you through the email address you voluntarily provide. Quelliv may analyze personal information and Web Navigational Data based on your interests and may use the analysis from this information in a way that doesn’t reveal a User’s personal information ( Market Research ) in order to:

promote the Platform

increase the likelihood that a User’s experience with the Platform is relevant to his or her interests

Quelliv may use data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll, for example, to Users who can be presumed to have an interest based on results from our Market Research, or to Users in direct response to their selections, requests or inquiries.

Quelliv may use your mobile phone number to call or text you in order to provide services associated with the Platform.

We Offers Marketing Choices

We may send you direct marketing messages including by way of email transmission and postal services provided that we have a lawful ground to do so. If you no longer wish to receive our email alerts, to be part of a mailing list, or to receive any marketing communications, you can opt-out of such communications at any time by clicking on the unsubscribe link in the relevant communication or contacting us at support@industrialhuman.capital.

Cookies

A cookie is a small file of letters and numbers that is sent by our web server to your computer or mobile device when you access our website. Our website uses persistent cookies, which enable our web server to recognize your device and browsing preferences each time you visit our website. For more information on cookies, visit http://www.allaboutcookies.org.

We use cookies only for the purposes set forth in the table above. We use cookies for basic login authentication and do not use cookies for any web tracking purposes.

Cookies can be disabled by changing the settings on your browser, though some parts of the website may not function well if you choose to do so.

By continuing to use this without changing your browser settings, you agree to our use of cookies as described above.

Google Analytics

From time to time, certain pages of our website may use Google Analytics, a web analytics service provided by Google, Inc. ( Google ), currently headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted by Google to Google’s location in the US and stored there.

Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

You can prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout.

Choice / Opt-Out

You may opt-out of receiving communications from us and our Agents, remove your information from our database, and choose to not receive future communications related to the Platform – provided such communication or information is not required by Quelliv to be (a) sent, or (b) maintained in the ordinary course of its role as an employer or to adhere to any applicable information or data retention requirements (required by law or regulation or with internal information and data retention policies).

If you would like to opt out from our transferring of your information to third-party entities, you may send us an email at info@quelliv.com . Include the word privacy in the subject line of the email and all your registration information in the body of the email.

We do not, however, monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser Do Not Track settings and/or signals, because we do not track users, if at all, other than for aggregate statistical purposes.

If you receive unsolicited email from a Quelliv domain, please contact us at info@quelliv.com.

If you would like more information about any rights to opt-out, please review our Terms and Conditions of Use, available here or email us at info@quelliv.com.

Transactions Involving Our Company

In the event that Quelliv or some or all of our business, assets or stock are sold or transferred (including in connection with any bankruptcy or similar proceedings) or used as security, or to the extent we engage in business negotiations with third parties, personal information may be transferred to or shared with third parties as part of any such transaction or negotiation.

Questions, Comments or Additional Information Regarding Our Privacy Policy

If you have any questions or comments in connection with this Privacy Policy, or for further information on our processing activities and your rights in relation to your personal information, please contact our Data Protection Officer at info@quelliv.com or by postal service to Data Protection Officer, Quelliv, Inc., 501 Brickell Key Drive, Suite 300, Miami, FL 33131. Alternatively, you can contact the Data Protection Officer toll free at 888-798-9100. We will process your request as soon as possible.

Notification of Changes

We may occasionally update this Privacy Policy as our services and privacy practices change, or as required by applicable legal or regulatory requirements. Where it is practicable, we will notify you by email of any significant changes. However, the last update date is posted below, and we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.

Users from Outside the United States

Quelliv and the Platform are based in the U.S., and Quelliv’s offices are headquartered in the U.S. Please be aware that information you provide to Quelliv that it obtains as a result of your use of the Platform may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using the Site, participating in any of the Platform, or by providing Quelliv with your information, you irrevocably and unconditionally consent to this collection, transfer, storage, and processing of information to and in the U.S. Quelliv will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy Policy. Quelliv does not solicit or offer any of its services to any individual subject to or located in any territory (within the European Union or European Economic Area) subject to the General Data Protection Regulation. Furthermore, we do not monitor any such individual’s behavior as far as their behavior takes place within the European Union or European Economic Area.

Last updated: March 9, 2022

1 For example, with regard to employment records, an employer is obligated under (a) the Age Discrimination in Employment Act and the Fair Labor Standards Act to retain all payroll records for 3 years following the termination of a subject employee’s employment; (b) immigration law to retain information relating to an employee’s I-9 form for the longer of 3 years after the date of hire of an employee and 1 year following the termination of the employment of the employee; (c) the Family and Medical Leave Act and the Health Insurance Portability and Accountability Act of 1996 to retain certain medical and health insurance records regarding the employee for as long as 6 years; (d) federal tax law to retain W-4 Forms as well as payroll and tax records for 4 years; (e) EEOC regulations to retain records such as job applications, requests for reasonable accommodation and other matters for 1 year following the termination of employment; (f) US Department of Labor regulations to retain time cards, wage tables, work and time schedules and records of wage changes for 2 years; and (g) worker’s compensation law to retain records of an employee’s injury for 5 years from the later of the date of injury and the date of last compensation paid.