TERMS & CONDITIONS AND PRIVACY POLICY


QUESTMATH INC, US
QUESTMATH PTE LTD, SINGAPORE


BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS & CONDITIONS AND TAKE DUE
NOTE OF THE PRIVACY POLICY


Questmath Pte Ltd  doing business as Questmath (including its affiliates) (“Company”,“We” or “Us” and their connotations) operates a website  iquestmath.com) (together, with its mobile application, called the “Product”) which is engaged in the service of online tutoring of various subjects to children.

These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the Product (hereinafter referred to as “Services”) and shall be read with the privacy policy available below.  Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Product. The parents of the Child or users above 18 years of age are hereinafter referred to as “you”, “your” or “yours”. The term “Users” for the purposes of these Terms shall be read as You and/ or Child. Users also include all persons who access, browse, or sign up on the Product for applying to teach on the Product (“Applicant(s)”) and those selected to teach on the Product (“Instructor(s)”).

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Product or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing of any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

1. Terms of Service

By choosing to visit the Product and/or avail of any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of the Product, you agree to be bound by these Terms in respect to their use of the Product. By your continued access or use of the Product, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.

2. Description of Services

The Company facilitates online education services to children in various subjects. The concept is to create a virtual classroom, which helps the Child to learn without any restrictions on time and place.

3. User ID and Password

In order to access the Company’s Product and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Product. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account”) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Product, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.

You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Participant Account.

4. Trial Classes

We offer 1 free trial class to our new members so that you get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Taking multiple trial classes by an individual either through his/her own account or through someone else's accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms.

Any free trial class provided by the Company shall also be governed by these Terms.

5. Curriculum

The Company shall also grant you access to its material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.

6. Use of the Product by Applicants and Instructors

Applicants interested in teaching on the Product may apply to do so by providing their full name, mobile number, and email address. A member of the Questmath team may reach out to you on your registered contact details and conduct an evaluation. If the Applicant is chosen, then she/he may be onboarded as an Instructor on the Product. Please note, your application on the Product does not guarantee your selection as an Instructor.

The Terms and Privacy Policy shall be applicable to you in addition to the Instructor engagement agreement provided to you as an Instructor.

You acknowledge and understand that children or their parents may leave ratings and reviews of your classes and that we are not responsible for these ratings and reviews.

7. License to Use

The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Product only for the purposes of accessing, viewing, posting or submitting user material or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Product. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company.

You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.

8. Intellectual Property Rights

You acknowledge that the Company is the sole and exclusive owner of the Product, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Product, the Services, content and the curriculum. Further, you agree and acknowledge that:

The Company shall have the right to record the classes, discussions, processes, events, conversations, feedback, pertaining to the participation of the Users in the courses, offered in online or any other format.

The Company shall have an exclusive right including in the nature of intellectual properties throughout the world to use, publish, display, exhibit, transmit, broadcast, disseminate, market, advertise, license, transfer, modify, and create derivative works from such recorded contents mentioned hereinabove, for any purpose whatsoever, through various medium including but not limited to social media, webpages, electronic or print media, news articles, blogs etc.

You agree and acknowledge that the Company may from time-to-time conduct events, contests, championships, webinars/seminars, and award ceremonies, as it may deem fit (“Events”) on or in connection with its courses which shall be the exclusive property of the Company. Further, the Company may from time-to-time (during Events or otherwise), create/record and upload/disseminate videos, audios/sound recordings, voice, image, achievements, testimonials, narratives, content and other materials pertaining to Users experiences at the Product (Case Studies), on the Product or any other websites or related pages or any other social media platforms in, on or in connection with its courses or its benefit which shall be the exclusive property of the Company. You undertake not to reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Product in any manner whatsoever.

You agree that you shall be solely responsible for any participation in/submissions of entries/applications (as the case may be) to the Events, including its authenticity, originality and genuineness. Any responsibility for any claims, objections, and/or issues raised regarding such authenticity, originality or legality including by any third party shall be solely yours. You release the Company from any claim arising out of the use of Event related content including through its publication, exhibition, transmission, broadcast, dissemination or advertisement in any form or mode.

You unconditionally, irrevocably release the Company from any claim arising out of the usage of Case Studies, class interactions or publications of Events, by Company through various means, including advertising or publication in any form or mode.

You agree that the Company shall have no obligation towards User and shall not be held responsible with respect to any advertising or promotional material which the Company may create and disseminate based upon live class interactions or Case Studies.

You agree that you shall not be entitled to any compensation or other rights or benefits against such promotional usage by the Company.

Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Product, including but not limited to all texts, graphics, photos, illustrations, apps and logos. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Product or social media in any form without the prior written consent of the Company.

The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Product and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.

9. Use of the Product by the Child

You expressly acknowledge and undertake that:

  • You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
  • You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Product and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.

10. Payment, Refund and Cancellation

The Product is a paid service and the payments made by You shall be according to the plans opted by You through the Product. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, Online Bank Transfer and Wallet Payment. With reference to Section 10, the payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Product and the User agrees to be bound by those terms.

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. 

We attempt to process and complete refund requests within 24 hours from the time of receiving the refund request, however, in case there is any delay in refund beyond the period of 72 hours, then you may notify us on support1@iquestmath.com. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request.

Any charges related to app publishing (e.g. charges levied by app store, play store) will be incurred by the User.

We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.

Late cancellations of classes are charged. The minimum amount of time before the start of a class before which cancellations must be made in order to not be charged for the class is communicated with you by email at the time of joining.

 

11. Linking

You or the Child may establish a link to one or more site(s), provided that:

  • the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
  • such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
  • the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
  • the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
  • framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.

The Company may withdraw your or the Child’s right to link to any site without notice and at any time (acting in our sole discretion).

Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.

12. Third Party Services

You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.”

13. Third Party Permission

The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information.

We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing.

In some cases, the organisations that we may disclose your personal information to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information.

In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.

14. User Content

The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.

The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

The Child may choose to write and post reviews on the Product. We do not encourage your Child to post any Personal Information on the Product and the ill effects of such revelation shall be borne by you. However, you can request the Company via e-mails to delete any such information posted by the Child. For the purpose of verification, the Company will review and scrutinize such emails before responding.

You warrant and represent that your content including any content developed by your Child during the provision of Services by the Company using any third-party platform and/or published outside of the Product, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

  • it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
  • it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
  • it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
  • it prejudices any active or pending legal proceedings of which You are aware;
  • it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
  • it infringes any intellectual property rights proprietary to the Company or any third party;
  • it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
  • it advertises or promotes any product or service or makes any requests for donations or financial support;
  • it is spam or junk content;
  • it impersonates another person or otherwise misrepresents your identity, affiliation or status;
  • it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
  • it is in breach of these Terms and/or of any Additional Terms.

You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Product to the extent required to improve the services offered by the Company.

All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the Product, during the period of the tutorial classes or the course, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, publish, post and display any/all such ‘User Content’.

You and your Child undertake to use the Company’s platform, any third party platform and content Company may provide access to in rendering of its Services and respective intellectual properties only for the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your Child use the Product, third party platform/content and/or associated intellectual properties for any purpose other than expressly permitted, then you and your Child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your Child use the Product, third party platform/content and/or associated intellectual properties beyond the limited rights granted to you and your Child under the corresponding terms, then you and your Child shall be solely responsible for the same and shall indemnify the Company for all losses, claims and damages in this regard.

The Company will not be held responsible or liable for any of the User Content provided, published or disseminated by You and your Child on the Product or any other website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of its Product or any other website. You and your Child shall indemnify the Company for all losses, claims and damages in this regard.

You and your child will be solely responsible to ensure that any content or intellectual property created by the child shall not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable laws (including data protection and privacy laws) in any manner.

By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that:

  • you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit
  • your User Content does not and will not
    • infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
    • slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person
  • your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

15. Intended Purpose of Use

Any application, code or content created using the Company’s platform are intended to be used solely as prototypes and for evaluation of validity and practicability of ideas. All such applications, codes and/or content may be solely created for educational purposes and gathering feedback by the students and are in no way fit for or meant to be used for any commercial use. Any other use of such apps, codes or content, other than the use specified herein is prohibited by the Company and the Company shall not be liable for the same and you and your child shall indemnify the company for any loss, claims or damages suffered by the Company in this regard.

16. Fitness of Use

Any and/or all apps built using the Company platform by the users during the period of their permitted use of the platform are solely meant for educational and evaluation purposes as part of the users training program, and hence the same are expected to have limited functionality and use and are thus not fit to be used commercially or to be adopted for any use as opposed to the intended use prescribed in these terms. The apps might have unresolved technical bugs and security concerns including but not limited to viruses, data safety, account protection, insufficiency of security protocols and non-encryption. Any personal information, passwords and/ or any other details or sensitive data provided might become available to other users of the app.

Any such commercial or non-authorized use of these apps shall be at the sole risk and discretion of the users and third parties and the Company in no way whatsoever promotes or authorizes the same. You and your child shall be solely responsible for any such unauthorized use, promotion and/or commercialization of the app/code/content created by your child or any other user of the Company platform and shall indemnify the Company for all losses, claims and damages in this regard.

17. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.

Notwithstanding any other provision of these Terms You agree and undertake not to:

  • Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
  • Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
  • Create software which mimics any data or functionality in the Service;
  • Use or deal in the Service except as permitted by these Terms;
  • Include contact details intended to enable communication outside of the Service, in any Communication;
  • Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
  • Make any public, business or commercial use of the Service or any part of them;
  • Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
  • Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Product, or showing either to other people);
  • Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
  • Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users.

18. Limited Liability

You are held personally liable for any violation of a third party's rights by You and your Child. You agree to reimburse Company for all damages resulting from the culpable non- observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defense, including all court and legal fees. This condition does not apply if the you are not responsible for the infringement.

Company ensures that the information and the training facilitated by the tutors on the Product is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Product.

You agree and understand that Company does not state or claim any warranty for the quality of lectures delivered by the tutors listed on our Product.

The Company undertakes the scrutiny of the curriculum delivered by the tutors, however, the Company does not guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the tutor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided below in Section 25. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.

Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of tutor and it shall be your responsibility to closely monitor the activities of your Child while accessing the Product.

In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Product or any content provided on or through the Product.

The Company facilitates educational and informational on an "as is" basis and is liable only to provide its services with reasonable skill and care.

The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Product, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.

External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:

  • any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
  • the accuracy, currency or validity of information and material contained within any communications or the Service;
  • any interruptions to or delays in updating the Service;
  • any incorrect or inaccurate information on the Service;
  • the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
  • the availability, quality, content or nature of External Sites;
  • any transaction involving External Sites;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
  • all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect

The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Product or via notice by email or in writing.

19. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Product, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.

You may also terminate your agreement with the Company by ceasing to access the Product, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

20. Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

21. Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company at its sole discretion. Any attempted transfer or assignment by you in violation hereof shall be considered as null and void.

22. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

23. Governing Laws and Jurisdiction

Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Product, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the International Arbitration Rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof . The seat of arbitration shall be Singapore  and the language shall be English.

The Terms shall be construed in accordance with the applicable laws of Singapore. For proceedings arising therein the Courts in Singapore  shall have exclusive jurisdiction.

Without any prejudice to particulars listed in Section 23 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

The foregoing paragraphs in this section 23, shall not override and shall be without prejudice to any rights you have as a consumer under your local laws.

24. Entire Agreement

This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Product constitutes the entire agreement governing your use of our Product and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

25. Contact

If you have any questions about these Terms, please contact us by email or postal mail on the following address:

Name: Questmath Pte Ltd

E-mail id: support1@iquestmath.com

Address: 1 North Bridge Road #11-10 High Street Centre Singapore 179094

 

PRIVACY POLICY

 

This Privacy Policy outlines the approach of Questmath Pte Ltd  doing business as Questmath (including, its affiliates’) to privacy to fulfil its obligations under the applicable privacy laws.

Throughout this document, the terms “we”, “us”, “our” and “ours” refer to Questmath Pte Ltd  doing business as Questmath (including its affiliates). And the terms “you”, “your” “yours” & “you and/or your child “refer to You (as the User of the Product). Users also include all persons who access, browse, or sign up on the Product for applying to teach on the Product (“Applicant(s)”) and those selected to teach on the Product (“Instructor(s)”).

This Privacy Policy applies to all your PERSONAL DATA processed by us, whether in physical or electronic mode. This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information and shall be read with the Terms and Conditions above. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Conditions.

Please note that this Privacy Policy is applicable to all instances where we play the role of a DATA CONTROLLER of your Personal Data, when we collect and process personal data about you for offering our products or services (whether or not such role is defined in applicable legislation).

Further specific privacy provisions in respect of the EU, UK, Australia, Singapore and Malaysia are set out below in the ANNEXURE A, ANNEXURE B, ANNEXURE C and ANNEXURE D and ANNEXURE E respectively.

We are committed to keeping your and your child's Personal Data private and secure. We process any Personal Data we collect from you and your child in accordance with the applicable laws and regulations and the provisions of this Privacy Policy. Please read the following carefully to understand our practices regarding your and your child's Personal Data and how we treat it.

By choosing to visit and/or avail of any Services provided by us, you agree to this Privacy Policy (as may be amended from time to time). Please read the following information carefully. You must be at least 18 years old to register on our site. If you are under 18 years old, you are not permitted to register unless such registration is completed by a parent or legal guardian. By your continued access or use of the Product, you signify your agreement to be legally bound by Privacy Policy set forth herein. If you do not agree to the Privacy Policy of this agreement, promptly exit this page and stop accessing the Services.

1. Personal Data

‘Personal Data’ means any information that may be used to identify an individual, directly or indirectly, in particular by reference to an identifier, including not limited to, a first and last name, physical address, email address, online identifier or other contact information and/or identity proof documents.

2. Children's Privacy

We need to collect your and your child's Personal Data to provide our services to you and your child. We are committed to protecting the privacy of children who use our sites and applications. Whenever we refer to a “child” in this privacy policy, we mean a child under the age of 13 for US, UK and Singapore users, under the age of 16 for EU users, under the age of 21 Hijri years for UAE users, and under the age of 18 for Malaysian users.

3. US Child Users

If your child is located in the United States of America, we handle their Personal Data in compliance with the Children's Online Privacy Protection Act (“COPPA”). COPPA applies to child users who are under the age of 13.

COPPA requires that we receive verifiable parental consent from the child's parent or legal guardian before the collection, use, or disclosure of the child's Personal Data. To learn more about how we receive this parental consent, what personal data we collect from children, how we use this data, including when we disclose it, please read the Coppa Annexure. We display this notice to all parents and guardians when soliciting and obtaining verifiable parental consent.

If you are a parent or guardian and you believe that your child has provided us with Personal Data without your consent, please contact us as at support1@iquestmath.com. We will dispose of that data in accordance with applicable laws and regulations.

Parents can always refuse to permit us to collect further Personal Data, request to review their child's Personal Data, or request that we delete from our records the personal data collected from or about their child. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service, as the nature of our services requires collection of Personal Data. To exercise any of these options, please contact us at support1@iquestmath.com. Please be aware that to protect children’s privacy and security, we will take reasonable steps to verify a parent or legal guardian’s identity before granting access to any personal data.

4. EU Child Users

If your child is a resident of a Member State of the European Union, we will treat their Personal Data as a child’s Personal Data if they are under 16 years of age, and receive consent of the holder of parental responsibility as required for the processing of Personal Data. All residents of the European Union further have certain specific rights granted by the General Data Protection Regulation (“EU-GDPR”). See Annexure A to this privacy policy.

5. UK Child Users

If your child is a resident of the United Kingdom, we will treat their Personal Data as a child’s Personal Data if they are under 13 years of age, and receive consent of the holder of parental responsibility as required for the processing of Personal Data. All residents of the United Kingdom further have certain specific rights granted by the General Data Protection Regulation (“UK-GDPR”) and Data Protection Act, 2018 (“DPA”). See Annexure B to this privacy policy.

6. Singapore Child Users

If your child is a resident of Singapore, we will treat their Personal Data as a minor’s Personal Data if they are under 13 years of age, and require consent of the holder of parental responsibility as required for the processing of Personal Data.

If you are a parent or guardian and you believe that your child has provided us with Personal Data without your consent, please contact us as at support1@iquestmath.com. We will dispose of that data in accordance with applicable laws and regulations.

Parents can always refuse to permit us to collect further Personal Data, request to review their child's Personal Data, or request that we delete from our records the personal data collected from or about their child. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service, as the nature of our services requires collection of Personal Data. To exercise any of these options, please contact us at support1@iquestmath.com. Please be aware that to protect children’s privacy and security, we will take reasonable steps to verify a parent or legal guardian’s identity before granting access to any personal data.

All residents of Singapore further have certain specific rights granted by the Personal Data Protection Act. See Annexure D to this privacy policy.

7. UAE Child Users

If your child is resident in the UAE, we will receive consent of the holder of parental responsibility for obtaining, receiving, collecting, using, sharing, processing and storing the Personal Data of both the individual with parental responsibility and the child in accordance with this privacy policy as amended from time to time.

8. Malaysian Child Users

If your child is a resident of Malaysia, we will treat their Personal Data as a child’s Personal Data if they are under 18 years of age, and receive consent of the holder of parental responsibility as required for the processing of Personal Data. Persons whose personal data are processed in Malaysia have certain specific rights granted by the Personal Data Protection Act 2010. See Annexure E to this privacy policy.

9. What Personal Data do we Collect & Process?

Categories of Personal Data that we collect and process are as follows:

  • From you/ your child, we collect demographic & identity data (name, email address, contact number, photograph, location), gender, school name, birth date and year of the child to validate age)
  • Your child may also choose to provide Personal Data about themselves in the content they post on our website. However, as outlined above, we require and have safeguards in place to ensure that you first consent to our collection and use of this Personal Data.
  • From you/ your child, we collect financial Data (for e.g., account, payment details, invoice details)
  • Online Identifiers and other technical Data (for e.g. IP address, transaction logs, device details)
  • Online training sessions are recorded and used for quality audits and Instructor teacher training
  • Projects, quizzes, activities, apps developed, performance completed as part of our programs.
  • If you are an Applicant on the Product, we collect your name, mobile number, and email address. If you are selected as Instructor, we also collect your demographic data (e.g., photo, location, gender), government identifications, financial data (e.g., bank account, wallet, or other payment details), and educational qualifications.

10. Where do we obtain your Personal Data from?

Most of the Personal Data we process is provided by you directly to us when you (i) register to use our products and/or services including the registration for a free trial; or (ii) when you apply to teach as an Instructor. This also includes the Personal Data collected automatically and in the background by us when you use our website and application(s). Certain information might be collected automatically as you or the child navigate through the Product (which may include usage details, IP address, device ID and type, your browser type and language, the operating system used by the device, access times, and information collected through cookies, web beacons and other tracking technologies). Note that we do not collect Personal Data from children for the purposes of behavioral advertising. We do not allow third-party behavioral trackers in areas intended to be used by children.

When you sign into your social media account or otherwise connect to your social media account with the Product, you consent to our collection, storage and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. This includes, without limitation, any information that you have made public through your social media account, information that the social media service shares with us or information that is disclosed during the sign-up and sign-in processes.

We may also receive Personal Data about you from publicly available sources of information.

11. Use of Personal Data

  • To verify your identity
  • To deliver our products and services
  • To improve our products and services
  • If you are an Applicant, to initiate and conduct the process of evaluating your application to teach on the Product
  • If you are onboarded as an Instructor, for background checks and making payments to you
  • To perform quality audits and Instructor training
  • To communicate with you regarding existing products and services availed by you, including notifications of any alerts or updates or surveys
  • To evaluate, develop and improve our products and services
  • For market and product analysis and market research
  • To send you information about our other products or services which may be of interest to you (you may always opt out of such communications by clicking an “Unsubscribe” link in the footer of each email)
  • To handle enquiries and complaints
  • To enable you to avail of our Services, and ensure efficient customer care experience and develop new features
  • To comply with legal or regulatory requirements
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud and situations involving potential threats to the safety of any person
  • To furnish your information to service partners and providers only to the extent necessary for delivering the relevant services (e.g. scheduling service and maintenance, providing emergency assistance);
  • To publicize, post and display the projects, achievements, and/or apps created by your child on our website or related pages or any other social media platforms along with your personal information in accordance with applicable laws;
  • Please note that we may also monitor your computer's random-access memory for the purpose of identifying any unauthorised actions to bypass servers and/or use third party software to modify any aspect of the Service.

12. Recording

We reserve the right and you expressly consent to us recording the classes, discussions, processes, events, conversations, feedback, pertaining to our courses, offered online or any other format. Please read our Term & Conditions for more details.

13. Lawful Bases of processing your Personal Data

We process your Personal Data by relying on one or more of the following lawful bases:

  • You have explicitly agreed to/consented to us processing your Personal Data for a specific reason. This includes, without limitation, any information that you have made public through your social media account, information that the social media service shares with us or information that is disclosed during the sign-up and sign-in processes.
  • The processing is necessary for the performance of the contract we have with you or to take steps to enter into a contract with you
  • The processing is necessary for compliance with a legal obligation we have
  • Where we are able to rely on specific legal provisions

Where the processing is based on your consent, you have the right to withdraw your consent at any point in time. Please note that should the withdrawal of consent result in us not being able to continue offering our products and services to you, we reserve the right to withdraw or cease our products and services to you upon your consent withdrawal. You may withdraw consent by contacting us with a written request to the contact details specified below in the ‘Contact Us’ section. Upon receipt of your request to withdraw your consent, the consequences of withdrawal may be communicated to you. Upon your agreement to the same, your request for withdrawal will be processed.

For information on how we obtain verifiable parental consent for the processing of US child users' Personal Data, see section US Child Users above.

14. When do we share your Personal Data with third parties?

We may use third parties in the provision of our products and services to you. You consent to us sharing your Personal Data with such third parties. We have appropriate contracts in place with all such third parties. This means that they are not permitted to do anything with your Personal Data which is outside of the scope specified by us. They are committed to hold your Personal Data securely and retain it only for the period specified in our contracts with them

  1. Reasons for sharing your Personal Data with third parties: We may disclose your Personal Data to third parties only where it is lawful to do so. This includes instances where we or they:
    • need to provide you with products or services
    • have asked you for your consent to share it, and you have agreed
    • have a legal obligation to do so. For e.g., to assist with detecting and preventing fraud
    • have a requirement in connection with regulatory reporting, litigation or asserting or defending legal rights and interests
  2. We may also disclose your Personal Data (and you consent to us so doing) to appropriate authorities if we believe that it is reasonably necessary to comply with a law, regulation, legal process; protect the safety of any person; address fraud, security, or technical issues; or protect our rights or the rights of those who use our products & services.
  3. With whom your Personal Data may be shared:

We may disclose your Personal Data to the following third parties:

  • who work for us or provide services or products to us
  • law enforcement authorities, government authorities, courts, dispute resolution bodies, regulators, auditors and any party appointed or requested by applicable regulators to carry out investigations or audits of our activities
  • statutory and regulatory bodies, authorities (including the government) investigating agencies and entities or persons, to whom or before whom it is mandatory to disclose Personal Data as per the applicable law, courts, judicial and quasi-judicial authorities and tribunals, arbitrators and arbitration tribunals.
  • Online training sessions are recorded and used for quality audits and teacher training. You consent to us recording such online training sessions. We maintain complete confidentiality of the recordings and under no circumstances they will be accessible to or shared with any third party.
  • We may disclose an Instructor’s Personal Data to children enrolled on the Product and their parents, for them to know their qualifications and contact information.
  1. For information on how we disclose Personal Data collected from US child users, see the Coppa Annexure below.

15. Use of Cookies and other Tracking Mechanisms

We may use cookies and other tracking mechanisms on our website and other digital properties to collect data about you and, subject to the provisions below in respect of EU, UK and Singapore users, you consent to our use of cookies.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information about your actions to the owners of the website.

Most web browsers allow you some control of cookies through browser settings. We offer certain features that are only available using a cookie.

For EU, UK and Singapore users, cookies are not set until the user specifically opts-in. You may opt-out of cookies at a later date by mailing us at support1@iquestmath.com.

Outlined below are the categories of cookies along with a description of what they are used for.

  • Strictly Necessary Cookies - These cookies are needed to run our website, to keep it secure and to comply with regulations that apply to us.
  • Functional Cookies – We may use functional cookies on our website. These cookies allow us to remember information you enter or choices you make (such as your username, language, or your region) and provide you with enhanced, more personalised features.
  • Performance/Analytics Cookies – We may use performance/analytics cookies on our website. These cookies collect information about how visitors use our website and services, including which pages visitors go to most often and if they receive error messages from certain pages. It is used to improve how our website functions and performs.
  • Marketing Cookies – We may use marketing cookies on our website. These cookies help us decide which of our products, services and offers may be relevant for you. We may use this data to tailor the marketing and ads you see on our own and other websites and mobile apps, including social media. For instance, you may see our ads on other sites after you have been to our website. We do not use behavioral advertising cookies in areas that are intended to be used by child users.

16. How do we secure your and your child’s Personal Data?

We are committed to protecting your and your child's Personal Data in our custody. We take reasonable steps to ensure appropriate physical, technical and managerial safeguards are in place to protect Personal Data from unauthorized access, alteration, transmission and deletion. We ensure that the third parties who provide services to us under appropriate contracts take appropriate security measures to protect Personal Data in line with our policies.

17. How long do we keep your and your child's Personal Data?

We keep the Personal Data we collect about you and your child for as long as it is required for the purposes set out in this Privacy Notice and for legal or regulatory reasons or as otherwise communicated to you. We may take reasonable steps to delete or permanently de- identify your Personal Data that is no longer needed. We will delete your personal information in accordance with applicable laws and no later than 3 (three) years from when we no longer require it for offering our services to you.

Please note that we may, from time to time, engage an overseas recipient to provide services to us, such as cloud-based storage solutions. While the use of overseas service providers to store Personal Information will not always involve a disclosure of Personal Information to that overseas provider, we may be required to store such information on overseas servers.

18. No Sale of Personal Data

We shall not sell any Personal Data of yours and/ or the children for the purpose of marketing, advertising, or any other third-party use, except in accordance with express consent obtained from you.

19. Data Security

We always strive to keep your and your child's Personal Data safe.

The security of your and your child's Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

  • Safety in the operating environment: we store your Personal data, and your child's Personal Data in a safe operating environment and it can only be accessed by employees, representatives and service providers on a need-to-use basis. We comply with industry standards and the law to protect your and your child's Personal Data
  • The payment information: we adhere to confidentiality and security according to industry standards.

20. Links to other Websites

Our website may contain links to websites of other organizations. This privacy notice does not cover how those organizations process your Personal Data. We encourage you to read the privacy notices on the other websites you visit.

During and as part of the classes or curriculum the child might be required to access, visit, browse and make use of third-party websites and content, the use of which is governed by terms and conditions of such third parties. The information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal data.

21. Your Rights

Depending on the jurisdiction in which you are resident, you may enjoy certain rights regarding Personal Data that we process about you. Such rights may include:

  • Access: You have a right to know what personal data we hold about you and to obtain a copy.
  • Data portability: Subject to law, you have a right to obtain in machine readable format the personal data you have provided to us.
  • Rectification and erasure: You have a right to have incomplete, incorrect, unnecessary or outdated personal data about you deleted or updated. If any of your details change or if you believe that any Personal Data we have collected about you is inaccurate, you can contact us at support1@iquestmath.com and we will take all reasonable steps to correct it.
  • Withdraw your consent: You have a right to withdraw your consent to process your and your child’s personal data.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your Personal Data.

You may exercise your rights by managing your Participant Account and choices through our products and services or, if that is not possible, by contacting us. In some cases, if you withdraw your consent or wish us to delete or stop processing your personal data, we may not be able to continue to provide the services to you.

If you are not satisfied with what we provide when you exercise your rights, you can let us know by contacting us.

22. Third Party Permission

We disclose Personal Data to third party service providers to enable us to offer our services to you and while accepting these terms, you explicitly grant permission to these service providers to use your Personal Data.

We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing.

In some cases, the organisations that we may disclose your personal information to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information. To the greatest extent permitted by applicable law, you agree and consent to your Personal Data being transferred, stored and hosted (either by us or third parties) outside of the country from which you may be accessing our services and may be transferred (whether to us or third parties) to countries which do not have data protection laws or to countries where your privacy and other fundamental rights will not be protected extensively. These and all other transmissions will remain secure in accordance with the terms of this policy.

In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.

23. User Communication

You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from us, our subsidiaries, associates, or affiliates, for the purpose of providing alerts and information related to services. Further, you understand and agree that we and our subsidiaries, associates and affiliates at their sole discretion and without any obligation to disclose or inform you or anyone, may decide whether any of our information, offerings and promotions of our subsidiaries’, associates’, or affiliates’ is an update or upgrade to any goods or services being availed or having availed by you from us.

Reply 'STOP' on the same number to stop receiving any further SMS. Reply 'HELP' to get help. Standard data charges are applicable for SMS.

This consent shall override any registration the Users may have done in their respective jurisdiction to opt out of such communications including through registration with a Do-Not- Call-Registry, as applicable.

Please note that this section is not applicable to EU, UK, Australian and Singapore residents. User Communication for Australian residents should be dealt with specifically under the AU residents section in ANNEXURE C.

24. Additional Rights Applicable to EU Residents

Additional rights are applicable to EU residents, which are provided ANNEXURE A.

25. Additional Rights Applicable to UK Residents

Additional rights are applicable to UK residents, which are provided ANNEXURE B.

26. Additional Matters for Australian Residents

Additional matters for Australian Residents are provided in the below ANNEXURE C.

27. Additional Matters for Singapore Residents

Additional matters for Singapore Residents are provided in the below ANNEXURE D.

28. Additional Matters for Persons Whose Personal Data are Processed in Malaysia

Additional matters for persons whose personal data are processed in Malaysia are provided in the below ANNEXURE E.

Contact Us

For any further queries and complaints related to privacy, or exercising your rights, you could reach us at:

Contact Email Address: support1@iquestmath.com 

Organization's Name: Questmath Pte Ltd

Address: 1 North Bridge Road #11-10 High Street Centre Singapore 179094

Phone number: +65 6929 2091

30. Notification of changes

We regularly review and update our Privacy Notice to ensure it is up-to-date and accurate. Any changes we may make to this Privacy Notice will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If a change in our privacy practices materially affects how we collect, process, use, or disclose US child user's data, we will solicit and obtain parental consent as required under COPPA.

ANNEXURE A

The below additional rights are available to you if you are an EU resident:

1. Right of Access

Upon request, You have the right to get confirmation as to whether or not We are processing Your Personal Data, a copy of Your Personal Data and any other additional information as specified by EU-GDPR.

2. Right to Rectification

Upon request, You have the right to get Your inaccurate Personal Data rectified and Your incomplete Personal Data completed.

3. Right to Erasure

Upon request, You have the right to obtain erasure or deletion of Your Personal Data on the grounds specified by EU-GDPR unless there is any exception specified by EU-GDPR that is preventing Us to execute Your right.

4. Right to Restriction of Processing

Upon request, You have the right to request restriction of processing of Your Personal Data on the grounds specified by EU-GDPR.

5. Right to Data Portability

Upon request, You have right to receive and/or transmittal to any other organization, Your Personal Data that You have provided to Us in a structured, commonly used and machine- readable format on the grounds specified by EU-GDPR unless there is any exception specified by EU-GDPR is preventing Us to execute Your right.

6. Right to Object

Upon request, You have the right to object to the processing of Your Personal Data on the grounds specified by EU-GDPR.

7. Right to not be subject to Automated decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning You.

8. Right to lodge a complaint with the Supervisory Authority

You have the right to lodge a complaint with a supervisory authority, specifically in the Member State of Your habitual residence, place of work or place of an alleged infringement of the General Data Protection Regulation.

You can identify the supervising authority of Your concern by visiting

https://edpb.europa.eu/about-edpb/board/members_en

Representative of controllers or processors not established in the Union (Article 27 GDPR)
ePrivacy Holding GmbH
Große Bleichen 21
20354 Hamburg
Germany
www.eprivacy.eu/en/legal

ANNEXURE B

The below additional rights are available to you if you are a UK resident:

1. Right of Access

Upon request, You have the right to get confirmation as to whether or not We are processing Your Personal Data, a copy of Your Personal Data and any other additional information as specified by UK-GDPR.

2. Right to Rectification

Upon request, You have the right to get Your inaccurate Personal Data rectified and Your incomplete Personal Data completed.

3. Right to Erasure

Upon request, You have the right to obtain erasure or deletion of Your Personal Data on the grounds specified by UK-GDPR unless there is any exception specified by UK-GDPR and/or DPA that is preventing Us to execute Your right.

4. Right to Restriction of Processing

Upon request, You have the right to request restriction of processing of Your Personal Data on the grounds specified by UK-GDPR.

5. Right to Data Portability

Upon request, You have right to receive and/or transmittal to any other organization, Your Personal Data that You have provided to Us in a structured, commonly used and machine- readable format on the grounds specified by UK-GDPR unless there is any exception specified by UK-GDPR and/or DPA preventing Us to execute Your right.

6. Right to Object

Upon request, You have the right to object to the processing of Your Personal Data on the grounds specified by UK-GDPR.

7. Right to not be subject to Automated decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning You.

8. Right to lodge a complaint with the Supervisory Authority

You have the right to lodge a complaint with the UK Information Commissioner’s Office in relation to an alleged infringement of UK data protection law.

See https://ico.org.uk/

Representative of controllers or processors not established in UK (Article 27 UK GDPR):

UK Representative Service for GDPR Ltd.
7 Savoy Court
London WC2R 0EX
United Kingdom
www.eprivacy.eu/en/legal

ANNEXURE C

The following applies if you are an Australian resident.

Our Privacy Policy above complies with the Australian Privacy Principles (“APPs”) under the Privacy Act 1988(Cth) (Privacy Act), subject to the following:

A reference to Personal Data in our Privacy Policy above (and below) is to be read as a reference to Personal Information, as that term is defined under the Privacy Act as follows:

“Personal Information means Information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not”

A reference to a DATA CONTROLLER in our Privacy Policy above is to be read as a reference to us i.e., Company.

The following applies to all Australian residents:

1. Minors (children under 18)

The Privacy Act applies to all Australian residents, regardless of age. For users who are under 15 years of age, parental consent is required for children to sign up to and use our services.

2. Collection notices

When you sign up for our services, you will be asked to provide your consent (or parental consent if you are under 15 years of age) to our collection, use and disclosure of your Personal Information as described in this Privacy Policy including ANNEXURE C. If you do not provide such consent, we may not be able to provide you with our services.

3. How we collect your Personal Information

We will collect and hold your Personal Information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your Personal Information directly from you. We may collect the Personal Information you directly give us through some of the following means:

  • As described above in our Privacy Policy under section 10 “Where do we obtain your Personal Data from?”
  • in administering and performing any contracts with service providers;
  • when you contact us via telephone or facsimile;
  • from correspondence (whether in writing or electronically);
  • through any mobile applications provided by our organisation;
  • while conducting customer satisfaction and market research surveys;
  • when administering any of our services; and
  • as otherwise required to manage our business.

However, in certain cases we may collect Personal Information from publicly available sources and third parties, such as data suppliers, contractors, our clients and business partners.

If we collect Personal Information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

4. Types of Personal Information we collect

The type of Personal Information we may collect can include (but is not limited to):

  • Personal Information as described above in our Privacy Policy under section 9 “What Personal Data do we Collect & Process?”

We only collect Sensitive Information (as defined under the Privacy Act) about you with your consent, or otherwise in accordance with the Privacy Act.

Where you do not wish to provide us with your Personal Information, we may not be able to provide you with requested goods or services.

5. Our purposes for handling your Personal Information

As a general rule, we only process Personal Information for purposes that would be considered relevant and reasonable in the circumstances. We collect, hold, use and disclose Personal Information:

  • for the purposes set out above in our Privacy Policy in section 11 “How do we use your Personal Data?”

We may disclose your Personal Information:

  • to the parties set out above in our Privacy Policy above as per section 14 “When do we share your Personal Data with third parties?”
  • between our organisations

Prior to disclosing any of your Personal Information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:

  • the person or organisation has a commitment to protecting your Personal Information at least equal to our commitment, or
  • you have consented to us making the disclosure.

6. Protection of Personal Information

We will hold Personal Information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas.

We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of Personal Information. This also applies to disposal of Personal Information.

We further protect Personal Information by restricting access to Personal Information to only those who need access to the Personal Information to do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your Personal Information.

We will destroy or de-identify Personal Information once it is no longer needed for a valid purpose or required to be kept by law.

7. Direct marketing

Like most businesses, marketing is important to our continued success. We believe we have a unique range of products and services that we provide to customers at a high standard. We therefore like to stay in touch with customers and let them know about new opportunities. We may provide you with information by telephone (subject to the Do Not Call Register), SMS, email or WhatsApp about new products, services and promotions either from us, or from third parties which may be of interest to you.

We will not disclose your Personal Information to third parties for marketing purposes without your consent.

If you do not wish to receive marketing information, you may at any time decline to receive such information by telephoning us on +65 6929 2091 or by writing to us at:

Questmath Pte Ltd
1 North Bridge Road #11-10 High Street Centre Singapore 179094

If the direct marketing is by email, SMS or WhatsApp you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

8. Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre- defined period of time. We use cookies as set out in our Privacy Policy above in section 15 “Use of Cookies and other Tracking Mechanisms”.

9. Accessing and correcting your Personal Information

You may contact our Privacy Officer to request access to the Personal Information that we hold about you and/or make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the Personal Information about you held by us.

We are not obliged to correct any of your Personal Information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusal.

We will respond to all requests for access to or correction of Personal Information within a reasonable time.

10. Overseas transfers of Personal Information

From time to time, we may engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that the use of overseas service providers to store Personal Information will not always involve a disclosure of Personal Information to that overseas provider. However, by providing us with your Personal Information, you consent to the storage of such information on overseas servers and acknowledge that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the APPs, that entity will not be bound by, and you will not be able to seek redress under the Privacy Act.

11. Resolving Personal Information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your Personal Information, please contact our Privacy Officer:

12. The Privacy Officer

Telephone: +65 6929 2091
Email: support1@iquestmath.com 

We take all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

13. Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.

ANNEXURE D

The following applies if you are a Singapore resident.

1. Collection notices

When you sign up for our services, you will be asked to provide your consent (or parental consent if you are under 13 years of age) to our collection, use and disclosure of your Personal Data as described in this Privacy Policy including ANNEXURE D. If you do not provide such consent, we may not be able to provide you with our services.

2. Providing personal data belonging to others

In certain circumstances, you may also provide us with personal data of persons other than yourself. If you do so, you warrant that you have informed him/her of the purposes for which we are collecting his/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes and accepts this Privacy Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal data in accordance with the terms of this Privacy Policy.

3. Direct marketing

If you have provided us with your consent, we may use your personal data for the purposes of marketing our products and services and those of our strategic partners and business associates (e.g. informing you of our latest activities, special offers and promotions). In order for us to market products and services which are of special interest and relevance to you, we may analyse and rely on your overall interaction with us (such as but not limited to your participation in promotions or events and your interactions with us).

4. User Communication

When we contact or send you information for the purposes for which you have consented, we may do so by post, e-mail, SMS, telephone, instant messaging platform or such other means as may be authorised by you

We will not contact you for marketing purposes unless you have provided us with your consent, or unless we are exempted by applicable law from having to obtain your consent. If you do not wish to receive any communication or information from us, or wish to restrict the manner by which we may contact or send you information, please contact us (See the “Contact Us” section above).

5. Transfer to other countries and safeguards

You fully understand and unambiguously consent that we may transfer your personal data to any country (including to third parties where necessary) for the purposes set out in this Privacy Policy or as notified to you. Where we transfer your personal data outside of Singapore, we will require foreign recipients of the personal data to protect your personal data in accordance with this policy and applicable data protection laws

6. Rights under Singapore’s Personal Data Protection Act

The below additional rights are available to you if you are a Singapore resident:

  • Access: you may ask us if we hold your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of and information on the personal data we hold about you.
  • Correction: you may request that any incomplete or inaccurate personal data we hold about you is corrected.
  • Withdrawal: you may withdraw consent for our use of your personal data.
  • Portability: you may request the transfer of certain of your personal data to another party under certain conditions.

If you wish to exercise any of your rights, you may contact us at support1@iquestmath.com. We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.

We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required for in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.

ANNEXURE E

The following applies if your personal data is processed in Malaysia.

1. Collection notices

When you sign up for our services, you will be asked to provide your consent (or parental consent if you are under 18 years of age) to our collection, use and disclosure of your personal data as described in this Privacy Policy including ANNEXURE D. If you do not provide such consent, we may not be able to provide you with our services.

2. Withdrawal of consent

You have the right to withdraw your consent for the processing of your personal data at any point in time. Please note that should the withdrawal of consent result in us not being able to continue offering our products and services to you, we reserve the right to withdraw or cease our products and services to you upon your consent withdrawal. You may withdraw consent by contacting us with a written request to the contact details specified above in the ‘Contact Us’ section. We will process your withdrawal request upon receipt of the same.

If you have provided us with your consent, we may use your personal data for the purposes of marketing our products and services. If you do not wish for us to begin and/or continue processing your personal data for marketing purposes, or wish to limit the manner by which we may send you information, you may submit a written request to the contact details specified above in the ‘Contact Us’ section

3. Transfer of personal data outside of Malaysia

You hereby consent that we may transfer your personal data to any country outside of Malaysia for the purposes set out in this Privacy Policy. Where we transfer your personal data outside of Malaysia, we will take all reasonable precautions and exercise all due diligence to ensure that the personal data will be processed in accordance with this Privacy Policy and applicable data protection laws














 

COPPA NOTICE TO PARENTS

Before we can provide your child with access to the website iquestmath.com, an online learning platform for kids, we need your consent. Under the Children’s Online Privacy Protection Act (“COPPA”), parental consent is required for the collection, use, or disclosure of Personally Identifiable Information or personal data (hereinafter referred to as ‘Personal Data’) from children under the age of 13 located in the United States. Questmath will not collect, use, or disclose any personal data from your child unless you provide your consent.

To help you understand how we collect, use, and disclose your child’s personal data, we have prepared this COPPA Direct Notice to Parents (“Direct Notice”). This notice is to be read in conjunction with our Privacy Policy and our Terms & Conditions.  Terms capitalized in this Direct Notice are defined in our general Privacy Policy.

Subject to your consent, in order to allow your child to use Questmath Site and Services, we would like to collect, use and disclose your child’s Personal Data as set forth below

You, as the parent/guardian, are the primary account holder. This means that:

  • You are the person primarily responsible for ordering services and paying any fees or other charges made to Questmath.
  • You are responsible for deciding whether to share your child’s content with third parties.
  • You are responsible for the active monitoring of your child’s content. Children who are under the age of 13 are expressly prohibited from including any personally identifiable information in any content that they post to our website unless or until their parents or legal guardians give permission. You agree that you will only allow your child to include any personally identifiable information in their content with your consent.

Personal Data We Collect.

  • When we receive consent from you, we may collect additional personal data about your child or you from you, at that time.
  • Your child may choose to provide Personal Data about themselves in the content they post on our website. However, as outlined above, Questmath requires that you first consent to our collection and use of this Personal Data
  • Personal Data collected if your child contacts us: If your child contacts us by email, through any integrated chat providers we may provide, or by telephone, SMS, or physical mail, we may collect your child’s name, username, email address, phone number, physical address, and the contents of that communication which can include any other Personal Data that your child chooses to provide. We will only use that Personal Data for the purpose of providing the service or support requested
  • Log Data: Questmath’s website collects certain personal data automatically and stores it in log files. This may include personal data about the devices your child uses to access our Service (including your child’s internet protocol (IP) address, browser type, and operating system); your child’s interactions with our Service (such as the date, time, length of stay, and specific pages accessed during his or her visits); and usage information (such as the number and frequency of visitors to our Service). We use this information to help us design and administer our website, improve our Service, and gather broad demographic information that helps us identify visitor preferences.
  • Child Activity Data: We also collect certain information about the child’s activity on Questmath. For instance, we collect information about when a child is working on a project and quizzes to help our instructors monitor how a child is progressing to help improve our Service.
  • Cookies: We collect some of the Personal Data above using cookies and similar technologies. A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.
  • We do not condition a child’s participation in an activity on the disclosure of more personal data than is reasonably necessary to participate in the activity.

How We Use Personal Data.

We may use the personal data that we collect from a child to:

  • Contact you to obtain your consent and to allow you to activate an account on one or more of our websites.
  • Determine whether your child is able to post content on one or more of our websites.
  • Provide our Services, including administering our classes, features, and activities;
  • Deliver a high-quality and customized learning experience;
  • Identify, fix, and troubleshoot bugs and service errors;
  • To publicize, post and display the projects and/or apps created by your child so on our website or related pages or any other social media platforms along with your personal information

Disclosure of Personal Data to Third Parties.

We may share personal data, including your child’s personal data, with third parties as permitted by law and as described in our Privacy Policy.

  • Companies under common control: We may share personal data between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with Questmath.
  • Vendors and service providers: We may share personal data with vendors, consultants, and other service providers who need to access the data in order to perform services on our behalf, such as providing cloud-hosting or cloud-storage services.
  • Business transfers: We may share personal data with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.
  • Legal requirements: We may share personal data when we believe it is necessary to comply with a legal obligation, including lawful requests from public authorities to meet national security or law enforcement requirements. We may also share personal data when we believe it is necessary to protect Questmath rights and property, to protect the safety of our users, and to defend against legal liability.
  • Questmath Instructors: In the course of providing our Service, we also share personal data about students with our instructors to enable instructors to communicate with students and to assist instructors in understanding each student’s individual needs and capabilities. During live video sessions, instructors have access to the child’s face and voice along with any personal information shared by the student during the video session.
  • Social Media Products: Our Service may offer social sharing features and other integrated tools such as widgets, which allow students to share information from their Questmath account with third-party social media platforms like Facebook or Twitter. Using these social sharing features is optional.
  • Public Forums and Publicly Available Content: We offer several features that allow our students to connect and share content in public or semi-public spaces. Students do not have to use these features, but if they do, they should be sure to use good judgement. Certain information in students’ profiles such as their name and photo, the projects they choose to share, and any other information they disclose in the public or semi-public areas of Questmath’s Service, may be read, collected, stored, or used by others. Parents should be aware that some of these third-party services are not intended for use by children under 13. Students under 13 should use such services only with the participation of an adult.

The third parties to whom we disclose personal data agree to protect the security and confidentiality of your child’s personal data.

Changes to Our Practices:

If we change the way we collect, use, or disclose your child’s personal data, we will send you an updated Direct Notice and request new consent.

Parental Choices and Controls:

At any time, you have the right to:

  • Review your child’s Personal Data;
  • Direct us to delete your child’s Personal Data;
  • Refuse to permit Questmath to collect further Personal Data from your child online and request that we delete the Personal Data that we have already collected from your child; and
  • Agree to the collection and use of your child’s Personal Data, but choose not to allow disclosure to independent third parties.

To exercise any of these rights, please contact us at support1@iquestmath.com. Please be aware that to protect children’s privacy and security, we will take reasonable steps to verify a parent or legal guardian’s identity before granting access or otherwise discussing any of the child's Personal Data.

Parental Consent.

As noted above, we need your consent before we permit your child to use the Questmath website at home. You may provide your consent in one of two ways:

  • At the beginning of the trial class via video with our representative you as a parent or legal guardian will be asked if you consent to the collection, use, and disclosure of Personal Data of your child as described in this notice and our Privacy Policy.
  • At the time of becoming a paid customer and making a transaction using a credit card.

 

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