(Last Updated [18 June 2025]) - These terms and conditions (“Terms”) are applicable to customers in the European Union, United Kingdom or the United States of America (“you” or “Customer”) and governs the use of www.quintype.com and the Services (defined below). These Terms also include any guidelines, additional terms, policies, or disclaimers made available or issued by Quintype Technologies India Private Limited and its affiliates (“Quintype”) from time to time.
These Terms constitute a binding and enforceable legal contract between Quintype and you (which term shall include Administrators, Authorised Users, and any other end user of the Services) in relation to the Services.
By using the Services, you agree that you have read, understood, and agree to be bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Services.
1. SERVICES
Quintype provides collaborative teams with a platform (“Platform”) that assists with publishing digital content, personalised engines to track user engagement and provide real-time analytics, scalability features to drive growth and adoption, and plug-in architecture to engage with end users. These services are provided through the Platform, products, applications, and plug-ins (collectively referred to as “Services”, and are more fully detailed in Annexure A). The Services include free trials and beta services that Quintype may make available from time to time.
To use the Services, a Customer will have to choose a subscription plan for the Services it wishes to avail (“Subscription Plan”) and pay the applicable fees in accordance with these Terms and Quintype’s instructions. In some cases, Quintype may, at its sole discretion, require a Customer to enter into a separate written agreement (“Statement of Work”) for certain types of Services it wishes to avail from Quintype. In such cases, in addition to these Terms, the terms of the Statement of Work shall apply to the provision of Services.
2. USER ACCOUNTS
A Customer will have to create and operate an account on the Platform (“User Account”). Customers are required to provide complete and accurate information to Quintype while creating User Accounts.
A Customer may designate one or more individuals as “Administrators”. Administrators will be responsible for the operation of a User Account. Through the User Account, a Customer may appoint new Administrators or change details of existing Administrators.
Administrators shall have the right to create profiles or grant users authorised to use the Services by the Customer (“Authorised Users”) access to the Platform. Administrators shall ensure the Authorised Users comply with these Terms.
As an Authorised User: (i) you are entering into these Terms on behalf of the Customer (ii) your account with Quintype is for the benefit of and held in the name of the Customer (and not any individual), and (iii) you have full legal capacity and authority to bind yourself and the Customer to these Terms.
The Customer shall ensure that: (i) Authorised Users maintain the confidentiality of the User Accounts and all accounts thereunder, including passwords and usernames for the User Accounts or accounts created for Authorised Users and (ii) all activities that occur on or through the User Account are legal and consistent with these Terms.
The Customer is liable and accountable for all activities that occur through the User Accounts or any accounts thereunder. Quintype is not liable for any unauthorised access to the Services, including but not limited to hacking and security breaches. Quintype reserves the right, at its sole discretion, to suspend a User Account if it is of the opinion that the User Account or any accounts thereunder are being accessed by one or more unauthorised persons or entities.
3. USER CONTENT
The Services allow you to create, store, publish, display, and analyse material and content, which includes, without limitation, text, photos, videos, sounds, codes, and other items (“User Content”). You hereby grant Quintype a non-exclusive, worldwide and sublicensable licence during the subsistence of your engagement with Quintype to use the User Content (and create derivative works thereof) solely for the purpose of presenting the User Content and making it available for access.
You further grant Quintype a non-exclusive, worldwide, sublicensable, and royalty-free licence during the subsistence of your engagement with Quintype to use User Content for the limited purposes of advertising and promoting the Services; provided that Quintype shall use the User Content under this Section 3(b) only with your prior written consent (to clarify, consent provided through email shall suffice).
In connection with these Terms and the licences granted under this Clause 3, you hereby waive any claims against Quintype arising out of any moral rights or other similar rights relating to the User Content.
4. YOUR RESPONSIBILITIES
You represent and warrant that: (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms; (ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content; (iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements; (iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity; (v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (vi) the User Content shall not violate any third party rights; and (vii) you shall not publish or make available User Content that is objectionable or restricts or inhibits any other person from using or enjoying the Services, or that may expose Quintype or others to any harm or liability of any type.
You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not: (i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; (ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license the Platform or any portion thereof, or any other Services offered under these Terms; (iii) use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware; (iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms; (v) make any back-up or archival copies of the Platform or any part thereof; (vi) use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or (vii) violate applicable laws in any manner.
You will extend all possible cooperation in setting up the Services as may be reasonably requested by Quintype from time to time.
You shall obtain and maintain at your own expense all the necessary computer hardware, software, modems, connections to the Internet, and other items required for the access to the internet, and use of the Services by you, your website, business, Authorised Users, and agents and employees.
You agree to upgrade your facilities and systems for the smooth access of the Platform as and when required in order to be compatible with the upgraded version of the Services, if any.
Quintype shall make available all APIs, tools, and other such facilities as required to enable you to make minor changes, or modify the minor functionality to the front end of your system, as and when required. You shall keep Quintype informed of all such planned changes in advance, before starting the development process.
While Quintype uses reasonable commercial efforts to provide you with a daily backup of all User Content in industry-standard data interchangeable formats, you shall regularly and independently save, backup, and archive your User Content and any all information that you may create or process in connection with your use of the Services. Subject to Clause 9, any backups created by Quintype shall be transferred to your data that is hosted through Amazon Web Services, offered by Amazon Inc. and its affiliates.
You shall promptly inform Quintype of any new products or services you intend to introduce to your end customers through the Services, or of any changes to existing products or services or User Content, that may affect the Services. In such cases, you should inform Quintype of any such changes. Quintype reserves the right to modify the terms on which the Services are offered to you in the event of such changes.
You shall cooperate with Quintype in developing and sharing testimonials, anonymous case studies, marketing materials, return-on-investment calculations, and measurement criteria for the value, benefits, and cost savings derived from the Services. You agree to make available all such content to Quintype as and when requested by Quintype.
You are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
You shall extend all cooperation, at your cost, to Quintype in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
5. QUINTYPE’S INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Quintype. Subject to your compliance with these Terms, Quintype grants you a non-exclusive, non-sub licensable, and limited license to: (i) use the Services you have purchased from Quintype through the Subscription Plan or the Statement of Work (as the case may be) to publish, distribute, and make available your User Content to end users, and (ii) integrate and use Quintype’s APIs solely for the purposes of publishing, distributing, and making available your User Content to end users.
Further, subject to your compliance with these Terms, Quintype grants you a non-sub licensable and limited license to use templates it may make available from time to time (and which are specifically notified by Quintype as templates for your use) to publish, distribute, and make available your User Content to end users.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Quintype’s or any third party’s intellectual rights.
6. FEES
Use of the Services is subject to the payment of the fees detailed in the Subscription Plan or the Statement of Work, as the case may be.
Quintype will raise an invoice for the Customer, which shall be payable on or within 7 days of the date of the invoice. You shall promptly, and no later than 7 days from the date of the invoice, provide Quintype with a written acknowledgement of such invoice.
In the event of any delay in the payment of an invoice raised by Quintype, you shall be liable to pay an additional interest of 2% per month for each day of delay. If an invoice remains unpaid for more than 15 days, Quintype shall have the right to terminate access to the Services in accordance with Clause 8 and shall be under no further obligation to provide access to the Services.
Changes: Quintype reserves the right to revise its fees from time to time. Quintype shall provide you with reasonable advance notice of any changes to its fees. Should you not agree to the fees, you have the right to cancel your Subscription Plan or the Statement of Work prior to the billing cycle that follows your rejection of the fees.
Refunds: All amounts and fees stated are non-cancellable and non-refundable.
Taxes: The fees mentioned in the Subscription Plan or the Statement of Work, as the case may be, are exclusive of applicable taxes. These shall be added to Quintype’s invoice(s) at the appropriate rate.
Payment Processors: Quintype may use a third-party payment processor (“Payment Processor”) to bill Customers through their selected modes of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. Quintype shall not liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
7. THIRD PARTY SERVICES
The Services may include services, content, documents, and information owned or otherwise licensed to a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
Quintype makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness. Quintype does not endorse or sponsor any Third Party Services.
All intellectual property rights in and to Third Party Services are the property of the respective third parties.
8. TERM AND TERMINATION
These Terms shall remain in effect: (i) unless terminated in accordance with the terms hereunder; or (ii) until the expiry of the Subscription Plan or the Statement of Work, as the case may be. You may choose to automatically renew the Subscription Plan or the Statement of Work, as the case may be, on their expiry.
Quintype may terminate your access to the Services, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms, if you are involved in any bankruptcy or insolvency proceedings, or if there is any change in control of the Customer.
Upon termination under Clause 8(b): (i) the Platform will “time-out”. This means you shall not be able to use it; (ii) all outstanding dues shall become payable to us; and (iii) these Terms shall terminate, except for those Clauses that expressly or are intended to survive termination or expiry.
9. DISCLAIMERS AND WARRANTIES
You agree that your use of the Services is at your sole risk.
We do not own, control, or endorse any User Content that is transmitted, stored, or processed via the Services. You are solely responsible for your User Content. Quintype does not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any User Content that is made available through the Services and disclaims all liabilities or warranties arising out of or in connection with any User Content.
Quintype does not exercise any editorial rights over any User Content or any other content that is made available through the Services.
No Interference: Subject to the other terms contained hereunder, Quintype reserves the right to remove or make unavailable User Content that is made available on or through the Platform in accordance with the terms of a valid court order.
If you are to migrate your User Content to any platform or server, Quintype shall provide you with an archive of your User Content in [Json] format. Subject to the payment of additional fees determined by Quintype, Quintype may, upon request, provide you with archives or backups in any other format.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
Quintype does not warrant that operation of the Platform or the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
Quintype does not warrant or represent that the Services will be compatible with any third- party hardware or software. It shall be your responsibility to ensure compatibility of the Services prior to use. Additionally, Quintype shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Services.
To the fullest extent permissible under applicable law, Quintype expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Quintype shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, Quintype, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: (i) the Platform “timeouts", your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services made available through the Services;”. This means you shall not be able to use it; (ii) the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Quintype’s records, programs, services, server, or other infrastructure relating to the Services; (iii) the Services being infected with any malicious code or viruses; or (iv) the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary, the maximum aggregate liability of Quintype and its affiliates, for any loss shall not exceed the monies received by Quintype from you in the twelve months preceding the date of the claim of loss or damage.
10. INDEMNITY
You agree to indemnify and hold harmless Quintype, its affiliates and subsidiaries, its licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using your account on the Platform, a breach by you of any applicable laws, any claim that may arise under the General Data Protection Regulations due to your acts or omissions, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.
11. PROCESSING OF PERSONAL DATA
You permit Quintype to process your personal data in connection with the Services in accordance with the data protection agreement specified in Annexure B.
12. SERVICE LEVELS
Scheduled Maintenance: Quintype reserves, solely at its discretion, the right to make the Services unavailable for access for up to [0.5] hours once in every six months for scheduled maintenance and such downtime shall not be counted against any availability specified in this Clause 12. Scheduled maintenance operations shall be preceded by no less than 21 days notification via email to you or posted to the Platform or your account on the Platform.
Unexpected Downtime: Beyond the aforementioned scheduled maintenance, Quintype will use commercially reasonable efforts to ensure that the Platform shall be available with a minimum of [99.5%] software uptime, wherein the monthly availability average is calculated based upon total outage time in a given year. Subject to the other terms herein, any lack of availability below the availability average of [99.5%] will result in a pro rata extension of the tenure of service levels under this Clause.
Resolution of Bugs: “Bug” means an error, flaw, mistake, failure, or fault in the Platform that produces an incorrect or unexpected result or causes it to behave in an unintended manner. Quintype will use commercially reasonable efforts to resolve bugs based on the criticality of the bug and in accordance with Quintype’s internal procedures. For the avoidance of doubt, if any Bug affects the availability of the Platform, Clause 13(b) shall apply to such Bug.
Support: Subject to the other provisions of Clause 12, Quintype will use commercially reasonable efforts between [9:00 AM – 6:00 PM IST] (“Business Hours”) to provide support services. Quintype shall also provide support under this Clause through chat services and email.
Reporting: You agree to report any unscheduled system downtime and Bug in the Platform by writing to support@quintype.com immediately upon becoming aware or receiving notice of such system downtime or Bug.
Review: The service levels under this Clause are subject to periodic reviews at Quintype’s sole discretion.
The provisions of this Clause shall not apply to any performance issues: (i) caused by factors or circumstances outside of Quintype’s reasonable control, including the conditions detailed in Clause 16; (ii) that result from your equipment or third-party equipment, or both; (iii) that result from internet service providers, telecommunications service providers, or their equipment or services; (iv) caused by the termination of your access to the Services pursuant to Quintype’s rights under these Terms; or (v) caused by misuse of the Services, including use of the Services in breach of these Terms, Subscription Plan, Statement of Work, or other than in accordance with instructions Quintype may provide from time to time.
13. MODIFICATION OF SERVICES
Quintype reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice or cause. You agree and acknowledge that Quintype shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Services.
14. UPDATES
Quintype reserves the right to provide minor modifications or enhancements, or programme temporary fixes or patches, if any, to the Services (“Updates”). You agree that the addition of major functions or significant new features to the Services is not an Update. Quintype shall, in its sole discretion, have the right to determine what constitutes an Update.
15. CONFIDENTIALITY
You acknowledge that the Services contain Quintype’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person with a copy of the Services or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of Quintype’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated. Without limiting the generality of the foregoing, you further agree not to publish or otherwise publicly distribute the results of any benchmark tests related to the Services that are made available to you by Quintype, its affiliates and subsidiaries, and their licensors.
16. FORCE MAJEURE
Quintype shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the Quintype’s workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
17. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to the dispute resolutions provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by Quintype. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
18. MISCELLANEOUS
Modification: Quintype reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the Clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment: You shall not distribute, licence, sell, transfer or assign the Services to others in any manner without Quintype’s prior written consent. Quintype may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Quintype may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices: All notices, requests, demands, and determinations for Quintype under these Terms (other than routine operational communications) shall be sent to admin@quintype.com.
Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
ANNEXURE A
The Applications shall consist of the following modules:
The Quintype Platform (including functionality across Planner, Editor, Analytics, Collections, Search, Content Assist, Email Marketing, Push Notifications, and more as they’re released). Any changes required to be made to the Customer’s environment, to exploit the said features – would be the responsibility of the Customer.
Responsive Web that works seamlessly across mobile devices, tablets, and desktop. The design will be built on a standard template and is accepted by the Customer
Monetization features, including but not limited to programmatic advertising, native content, and e-commerce ad units.
Global CDN to cache front-end pages.
Distribution features like auto publish on social media (*Facebook and *Twitter), support for Facebook *Instant article integration.
Google AMP supported with standard template
SEO features like keywords and metadata and basic guidance on setting up SEO (Platform supports adding keywords and metadata for SEO)
Complimentary version of the Metype commenting module
Out of the box support for PWA (Progressive Web App)
Infrastructure, cloud hosting and security (migration to SSL)
Default space for Ad units available on standard design templates with predefined size specifications.
Developer APIs available at https://developers.quintype.com/next-version#introduction-to-quintype-apis
Help/Support user guide available at https://help.quintype.com/
Server specifications: Using AWS* multi-tenant architecture. Caching at multiple levels of data, APIs and front-end pages. Use of Kubernetes* for maintenance and auto-scaling servers. 24X7 server monitoring and regular server upgrades and maintenance
Support for staging and beta environments for testing changes
All third-party service providers and their integrations are subject to change based on client or business requirements. Quintype does not take responsibility for delays or application forms being processed/declined by third parties (Ex. Google, Facebook, Twitter etc.) as per publisher’s content compliance guidelines.
Additional Services
Subject to payment of additional fees as communicated by Quintype, the following additional services may be opted by the Customers:
Accesstype
Metype
Accesstype Analytics
PLATFORM FEATURES
Workflow Engine: Configurable workflow
Cardification: Cardified Editor
Cardification: Card Re-Use
Story Elements: First class support for multiple media types
Metype: Real-time user engagement and commenting platform (Free Version)
Live Preview: Smartphones, Tablets, Desktop
Publishing: Live and Scheduled Publishing
Social Media: Live and Scheduled posting
Social Media: Facebook Instant Articles
Google AMP, Google News, Apple News
Editorial Sorting/Ranking: on Home and Section pages
Auto-Ranking: Trending articles, most popular
Push Notifications: Push messages to IOS/Android apps
Analytics: Content Performance
Search & Indexing: Elastic-search
Story Collections: Stacks, bundles
SEO: Meta-data & keyword support
Sections: Configurable sections
Navigation: Configurable Menu creation
Email Newsletter support via Mailchimp/Mandrill
PWA: Progressive web app enabled for standard theme
Author Profiles: "Follow" authors
APIs available at https://developers.quintype.com/docs
ANNEXURE B
DATA PROCESSING AGREEMENT
This Data Processing Agreement (“Agreement”) is incorporated in the Terms under which Quintype has agreed to provide the Services. This Agreement sets out the additional terms, requirements, and conditions under which Quintype will process Personal Data (defined below) in connection with the Services. Quintype and the Customer are individually referred to as a “Party” and collectively as “Parties”.
AGREED TERMS:
1. DEFINITIONS AND INTERPRETATION
Definitions:
“Anonymised Data” shall mean the Personal Data that has been rendered anonymous so that the data does not relate to an identified or identifiable Data Subject.
“Business Purposes” mean the Services to be provided by Quintype under the Terms.
“Data Protection Laws” shall mean the GDPR and all other legislation and regulatory requirements in force from time to time which apply to a Party in respect of the Processing of Personal Data.
“Data Principal” shall mean an individual to whom the Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” shall mean the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
“Personal Data” shall mean any data about an individual who is identifiable by or in relation to such data, that is processed by Quintype as a result of, or in connection with, the Business Purposes.
“Processing” (and the terms “Processes” and “Process” shall be construed accordingly) means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Personal Data Breach” shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed on systems managed or controlled by Quintype.
“SCC(s)” shall mean standard contractual clauses published by the European Commission and the Information Commissioner’s Office.
“UK GDPR” shall mean the GDPR as it forms part of United Kingdom law pursuant to Section 3 of the European Union (Withdrawal) Act 2018.
Interpretation:
The Recitals and Schedules annexed hereto shall constitute an integral part of this Agreement. References to this Agreement include any Recitals and Schedules to it and references to Clauses, Schedules are to the clauses of, and schedules to, this Agreement. References within Schedules to clauses are to the clauses of the Schedules.
Any reference to books, records, or other information means books, records, or other information in any form including, without limitation, paper and electronically stored data.
Any reference to writing includes typing, printing, and email but excludes any other form of electronic communication.
Heading and bold typeface are for convenience and shall be ignored for the purpose of interpretation.
Words using the singular or plural also include the plural or singular respectively.
In the case of conflict or ambiguity between:
any provision contained in the body of this Agreement and any provision contained in any Schedule, the provision in the body of this Agreement will prevail;
any of the provisions of this Agreement and the provisions of the Terms, the provisions of this Agreement will prevail.
2. PROCESSING OF PERSONAL DATA
The Parties agree that for the purpose of the Data Protection Laws, where applicable, the Customer is the Controller and Quintype is the Processor with respect to the Processing of Personal Data.
The Customer retains control of the Personal Data and remains responsible for compliance with its obligations under the Data Protection Laws. In this regard, the Customer warrants that all Personal Data provided to or otherwise accessed by Quintype under this Agreement or the Terms shall comply in all respects, including in terms of its collection, storage, and Processing (including providing any required notices and obtaining any required consents), with the Data Protection Laws.
3. QUINTYPE’S OBLIGATIONS
Quintype shall only Process Personal Data in accordance with the Customer’s documented instructions as detailed in Schedule A or as otherwise agreed upon between the Parties in writing from time to time, and to the extent necessary for the Business Purposes.
Quintype will ensure that the personnel it authorises to Process Personal Data are informed of the confidential nature of the Personal Data and bound by confidentiality obligations in respect of the Personal Data.
Quintype will extend reasonable assistance to the Customer, at mutually agreed upon costs, to meet the Customer’s compliance obligations under Data Protection Laws.
4. SECURITY
The Customer acknowledges that in respect of the Personal Data processed, Quintype implements appropriate technical and organisational measures detailed in Schedule C to ensure a level of security appropriate to the risk of processing. Quintype will not process the Personal Data and will notify the Customer if, in its opinion, the Customer’s instructions do not comply with the Data Protection Laws.
5. PERSONAL DATA BREACH
Quintype shall, within 72 (Seventy-Two) hours, notify the Customer if it becomes aware of any Personal Data Breach.
The Customer shall, at all times, remain solely responsible under the Data Protection Laws for reporting Personal Data Breaches to supervisory authorities or Data Subjects, as the case may be.
The Parties will co-ordinate with each other to investigate any Personal Data Breach. Where necessary, Quintype shall use reasonable efforts to provide further information of the Personal Data Breach to the Customer.
6. CROSS-BORDER TRANSFERS OF PERSONAL DATA
The Customer authorises Quintype to transfer and process Personal Data outside the EEA solely for Business Purposes.
Where such cross-border transfers occur, and where Data Protection Law requires, the Parties shall rely on the SCCs, as applicable for the transfer of such Personal Data. Notwithstanding anything contained in this clause, such SCCs are not required to be executed if the Personal Data is transferred to a jurisdiction that has an adequate level of data protection, as determined by the regulatory authority under Data Protection Laws.
7. SUB-PROCESSORS
The Customer authorises Quintype to appoint third parties to meet obligations under this Agreement and the Terms (“Sub-processors”). The list of Sub-processors is provided in Schedule B.
Quintype may at any time appoint a new Sub-processor or replace a Sub-processor on this list provided that the Customer is given 10 (Ten) working days’ prior written notice and the Customer does not object to such changes within that timeframe. If the Customer objects, Quintype shall use reasonable efforts to make available a change in the services rendered by such Sub-processor. If Quintype is unable to make available such change within a reasonable period of time, it may, by providing written notice to the Customer, terminate the Agreement or the part of the services which cannot be provided without the use of the objected-to Sub-processor.
Quintype shall enter into written agreements with each Sub-processor, containing data protection obligations that provide a similar level of protection for Personal Data as those covered in this Agreement.
8. DATA SUBJECT RIGHTS
Quintype will provide such information to the Customer as the Customer may reasonably require, to enable the Customer to comply with the rights of Data Subjects under Data Protection Laws.
Quintype will notify the Customer in writing if it receives any complaint, notice, or communication that relates directly or indirectly to the Processing of the Personal Data.
9. TERM AND TERMINATION
This Agreement will remain in full force and effect so long as:
the Terms remains in effect; or
Quintype retains any Personal Data related to the Terms in its possession or control (“Term”).
Termination or expiry of this Agreement does not affect the survival of any provision of this Agreement which is expressly or by implication intended to survive termination or expiry.
If a change in Data Protection Laws prevents either Party from fulfilling all or part of its obligations under the Terms, the Parties will suspend the Processing of Personal Data until that Processing complies with the new requirements. If the Parties are unable to bring the Personal Data Processing into compliance with Data Protection Laws, they may amend the scope of or otherwise terminate the Terms by written notice to the other Party.
10. DATA RETURN AND DESTRUCTION
At the Customer’s request, Quintype will provide the Customer with a copy of or access to all or part of the Personal Data in its possession or control.
On expiry or termination of the Terms and upon the Customer’s request, whichever is earlier, Quintype will (a) delete or destroy, to the extent technically possible, or, if directed in writing by the Customer, return and not retain, all or any Personal Data related to this Agreement in its possession or control; or (b) render the Personal Data into Anonymised Data, so that it no longer constitutes Personal Data, provided, however, that this clause shall not apply to any obligations of the Company to retain any information, documents, or materials in accordance with applicable laws or for the purpose of initiating or defending legal claims.
11. AUDIT
During the Term, Quintype will, in accordance with the Data Protection Laws, provide the Customer with such information that is reasonable necessary to demonstrate Quintype’s compliance with its obligations under Data Protection Laws, and allow the Customer to audit such information, subject to the following:
the Customer shall provide Quintype with at least 30 (Thirty) days’ prior written notice of information requests or audits;
the Customer and its authorised personnel shall undertake confidentiality obligations in a form and manner acceptable to Quintype prior to such audit or their receipt of information;
audits shall be conducted during Quintype’s Business Hours; and
the Customer shall reimburse Quintype for any costs that Quintype incurs to give effect to or enable the Customer’s rights under this Clause.
SCHEDULE A
PERSONAL DATA PROCESSING INDEX
Subject Matter of Processing: The Personal Data shall be Processed in order to allow Quintype to provide the Services under the Terms.
Duration of Processing: The Processing will be carried out for the Term.
Nature of Processing: Collection, Storage, Transfer, Hosting and Processing of Personal Data
Personal Data Categories: The Personal Data collected will depend on the nature of services. The categories of services and the associated categories of Personal Data are provided below.
Accesstype Analytics First Party Cookie Related Data, User’s Name, Phone Number, Email ID.
Data Subject Types: Customer’s users
Identify Quintype’s legal basis for processing Personal Data outside the EEA in order to comply with cross-border transfer restrictions: SCCs between the Customer as the “data exporter” and Quintype as the “data importer”.
Interpretation:
The Recitals and Schedules annexed hereto shall constitute an integral part of this Agreement. References to this Agreement include any Recitals and Schedules to it and references to Clauses, Schedules are to the clauses of, and schedules to, this Agreement. References within Schedules to clauses are to the clauses of the Schedules.
Any reference to books, records, or other information means books, records, or other information in any form including, without limitation, paper and electronically stored data.
Any reference to writing includes typing, printing, and email but excludes any other form of electronic communication.
Heading and bold typeface are for convenience and shall be ignored for the purpose of interpretation.
Words using the singular or plural also include the plural or singular respectively.
In the case of conflict or ambiguity between:
any provision contained in the body of this Agreement and any provision contained in any Schedule, the provision in the body of this Agreement will prevail;
any of the provisions of this Agreement and the provisions of the Terms, the provisions of this Agreement will prevail.
SCHEDULE B
LIST OF SUB-PROCESSORS
Cloudflare Inc. 101 Townsend St, San Francisco, California, 94107-1934
Cybersecurity and network security
Amazon Web Services Inc. 410 Terry Avenue North, Seattle, WA 98109-5210, USA
