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PRIVACY POLICY

Welcome to QwikSupply (the “Application”), owned and operated by QwikSupply Inc. (“Company”), a Delaware business corporation. The following privacy policy (the “Privacy Policy”) governs the privacy aspects of your use of Company’s Application together with Company’s use of your private information. This Privacy Policy creates a binding legal agreement between you and Company and your access to the Application is subject to this Privacy Policy. Company reserves the right to update and change the Privacy Policy by posting updates and changes to the Application. You are advised to check the Privacy Policy from time to time for any updates or changes that may impact you.

  1. Data Collected by Company.
    1. When you utilize the Application, Company may collect personally identifiable information that you provide to Company, such as your name, address, phone number, email addresses, photo or nickname. Company will ask you to create a password for your user account.
    1. With your permission, Company may also access other profile and personal information from outside party Applications. Such information may include passwords, usernames, profile pictures, and other such data that you have posted on outside party sites and Applications.
    1. The contents of any entry that you post directly to the Application, including any text, images, photos, videos and audio, are stored and maintained on Company’s servers in order to publish these items and provide the Application. Your submitted content will be associated with your account.
    1. Company’s systems may also associate personal information with your activities in the course of providing the Application to you.
    1. When you send email or other communication to Company, Company may retain those communications in order to process your inquiries, respond to your requests and improve Company’s Application.
    1. Company uses certain user information to better understand how visitors use Company’s Application. This information is commonly made available by web browsers, GPS, and servers, and may include data about browser type, language preference, referring site, and the date and time of each visitor request.
  1. Company’s Use of Data.
    1. Company maintains and processes your personal information in order to provide your account and access.
    1. Company uses your name and phone number to notify you of updates that you have selected in "Settings", as well as other information.
    1. Personal information will be used to allow you to share posts through a share button, but will not be saved or stored by Company.
    1. Company stores passwords for third-party Applications if it is required by that Application to display the information on Company’s Application. Company does this in order to provide Company’s Application to you. Company does not store passwords for third-party sites when you provide them as part of contact information retrieval
    1. Company may also process personal information for: (1) fulfilling purchases; (2) sending you information related to your account or other Application’s; (3) auditing, research and analysis in order to maintain, protect and improve Company’s Application; (4) ensuring the technical functioning of Company’s network; and (5) developing new Applications.
  1. Sharing of Data with Trusted Partners. Unless you indicate otherwise in your user account’s "Settings", the information Company collects, as described above, may be shared with trusted partners in order to provide you with relevant advertising, offers or Applications. You can control whether Company share personal data with partners in your user account’s “Settings”. California residents are legally entitled (at no charge and no more than once annually) to request information about how Company may have shared your information with others for direct marketing purposes. Should you desire such information, please contact us at admin@qwiksupply.com.
  1. Unaffiliated Outside Parties. Despite Company’s policy against the sale or use of personal information without user consent, users should be aware that what they share on the Application may be discovered by outside parties without the involvement of Company, including, without limitation, search engine crawlers and bots. Users should always take that into consideration whenever they share anything.
  1. Unauthorized Minors. Company does not knowingly collect personal information from individuals under the age of 18. If you believe Company has inadvertently collected such information, please contact us at admin@qwiksupply.com so Company can promptly obtain parental consent or remove the information.
  1. Security. Information collected by Company may be stored or processed on computers located in any country where Company does business. Company takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure or destruction of data. Company encrypts transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from unauthorized access, hackers or human error.
  1. Access to Data; Account Deletion. Company will remove personally identifiable information (such as your name, address, email address or phone number) and other preferences associated with your account promptly after you delete your account. Company may retain other data indefinitely. Company takes reasonable steps to ensure that the personal information Company processes is accurate, complete, and current, but also depends on Company’s users to update or correct their personal information whenever necessary.
  1. Miscellaneous.
  • Entire Agreement. This Privacy Policy constitute the entire agreement between you and Company with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
  • Severability. Whenever possible, each provision of this Privacy Policy shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without such provision, and this Agreement shall be construed to the fullest extent possible as to give effect to the intentions of the provisions found to be unenforceable or invalid. The Parties agree that such court may reform such provisions so that it is reasonable under the circumstances and that such provision, as reformed, shall be enforceable, except that the material intent of the Parties in entering into this Agreement shall not be defeated or rendered impossible by the removal of such provision from this Agreement.
  • Amendments. Company reserves the right, in Company’s sole and absolute discretion, to make modifications to these Terms of Service from time to time. Any such modifications will be made by updating and posting a new version on the Application and notifying you of the revised Terms of Service. In the event that Company makes changes to these Terms of Service, Company will provide you with the opportunity to review and approve the terms prior to your continued use of the Application. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Application.
  • Binding Effect. The provisions of these Terms of Service are solely for the benefit of the parties hereto and not for the benefit of any outside parties, except that Company shall have the right to assign these Terms of Service and/or any of the rights herein and these Terms of Service shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns and legal representatives.
  • Waiver. No failure by either party to pursue any remedy resulting from a breach of any provision of these Terms of Service by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
  • Notices. Any notice, demand or other communication which may or is required to be given under this Privacy Policy must be in writing and must be:
      1. personally delivered;
      1. transmitted by United States postage prepaid mail, registered or certified mail, return receipt requested;
      1. transmitted by reputable overnight courier service, such as Federal Express or UPS;
      1. transmitted by legible facsimile, with confirmation of receipt; or
      1. transmitted by electronic mail, with confirmation of receipt.
  • Construction and Interpretation. The titles of the sections of this Privacy Policy are for convenience of reference only and are not to be considered in construing this Agreement. The schedules and exhibits hereto are expressly incorporated herein by reference, and shall be deemed, and shall construed and interpreted, as part hereof. Unless the context of this Agreement clearly requires otherwise:
  1. references to the plural include the singular, the singular the plural, and the part the whole;
  1. references to one gender include all genders and the neuter form;
  1. “or” has the inclusive meaning frequently identified with the phrase “and/or”;
  1. “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation”;
  1. references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole;
  1. any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as the same may have been, or may from time to time be, amended, restated, revised, modified, supplemented, reenacted or succeeded.


Choice of Law; Venue; Jury Trial Waiver; Costs of Enforcement. The Parties expressly agree that all the terms and provisions hereof shall be construed under federal copyright, trademark and other intellectual property laws, rules and regulations (as applicable), together with the internal laws of the State of New York without regard such state’s conflict of laws or choice of law rules and principles. Each of the Parties hereby irrevocably consents that any action or proceeding relating to this Agreement shall be brought, at the option of the party instituting the action or proceeding, in any state or federal court of general jurisdiction in Albany, New York. Each of the parties waives any objection that it may have to the conduct of any action or proceeding in any such court based on improper venue or forum non conveniens, waives personal service of any and all process upon it, and consents that all service of process may be made by mail or courier service directed to it at the address set forth herein and that service so made shall be deemed to be completed upon the earlier of actual receipt or five (5) days after the same shall have been posted. Nothing contained in this Section 8(h) shall affect the right of any Party hereto to serve legal process in any other manner permitted by law. In any action or proceeding commenced in connection with this Agreement each Party hereby expressly and IRREVOCABLY WAIVES THE RIGHT TO TRIAL BY JURY. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, attorneys' fees.