1. Purpose and scope
This Client Data Use Addendum supplements the QR Cigars Terms and Conditions and the applicable plan or order between Rojocuadrado LLC, doing business as QR Cigars, and the client identified in the acceptance record. It governs data submitted to or generated through the client's use of the Service.
This Addendum becomes binding for a client account only when an authorized owner accepts a published version of the agreement bundle inside the product. Acceptance is recorded with the exact document versions presented; later changes require a new version and a new acceptance.
2. Definitions
- Client Content: catalogs, media, stories, production records, retailer information, campaigns, and other material submitted by or for the client.
- Client Audience Data: subscriber, contact, RSVP, deal-signup, and other person-identifiable records collected for the client.
- Client Activity Data: raw or pseudonymous scans, ratings, questionnaire responses, campaign activity, and client-level analytics.
- Personal Data: information relating to an identified or reasonably identifiable natural person under applicable law.
- Service Data: account, billing, security, audit, performance, metering, and product-operation information used to provide and protect the Service.
- De-identified Aggregate Data: information processed so it cannot reasonably identify or be linked to a person, household, or participating client, maintained under no-reidentification controls.
- Derived Materials: normalized taxonomies, statistical outputs, benchmarks, scores, methods, and models that do not disclose the client's confidential information or Personal Data.
- Standard Data Network: the participation mode in which eligible Client Activity Data collected after the recorded effective timestamp may contribute only to protected aggregate intelligence.
- Private Data Mode: the participation mode that excludes client data from new cross-client benchmark and model-improvement materializations.
3. Ownership and licenses
The client retains its rights in Client Content and Client Audience Data. The client grants QR Cigars a non-exclusive, worldwide, limited license to host, copy, process, transmit, display, and otherwise use that data only to provide, secure, support, and comply with law for the Service.
QR Cigars retains all rights in the platform, software, documentation, Service Data, Derived Materials, and De-identified Aggregate Data, subject to the restrictions in this Addendum. No ownership clause transfers an individual's privacy rights or authorizes processing not otherwise permitted by law.
4. Client audience boundary
QR Cigars will not sell Client Audience Data, combine client contact lists into a cross-brand audience, disclose one client's list to another client, or use those contacts for QR Cigars marketing without the individual's separate permission.
The client remains responsible for its own notices, marketing authority, and activity after it exports or independently uses audience records.
5. Standard Data Network
For an account recorded in Standard Data Network mode, QR Cigars may process eligible Client Activity Data collected on or after the acceptance's recorded network-use timestamp to create De-identified Aggregate Data and Derived Materials for benchmarking, reports, service improvement, and commercial intelligence products.
QR Cigars will not use this permission to reveal the client as a participant, publish the client's identifiable performance, release visitor-level records, or permit recipients to reidentify a person or a client. Before any cross-client result is released, the technical process must apply minimum cohort, multi-client, and dominance thresholds; a result that cannot meet them is withheld rather than weakened.
Historical data collected before the recorded network-use timestamp is excluded unless a separate, express agreement states otherwise.
6. Private Data Mode
For an account recorded in Private Data Mode, QR Cigars will not include Client Content, Client Audience Data, or Client Activity Data in new cross-client benchmark or model-improvement materializations. QR Cigars may continue processing them to provide the client's own service and analytics, secure and meter the platform, provide support, enforce the agreement, and comply with law.
Changing to Private Data Mode is prospective. It does not require destruction of De-identified Aggregate Data already validly created or reports already delivered where the underlying contribution can no longer reasonably be isolated or linked back to the client.
7. Consumer research
QR Cigars may offer optional consumer-research questions only with a clear notice identifying the purpose, roles, recipients, retention, and rights. Research participation is separate from marketing consent and is never required to access ordinary catalog or verification functions.
Clients receive no raw research answers. Research results are delivered only as suppression-protected aggregates, and sufficiently aggregated frozen results may not be reversible after a participant removes an underlying response. QR Cigars does not infer demographic traits from names, photographs, or third-party enrichment for this program.
8. AI and model training
Client Content, Client Audience Data, and Client Activity Data will not be used to train a general-purpose artificial-intelligence model without a separate express agreement. Ordinary processing needed to generate a client-requested private draft is governed by the applicable feature terms and subprocessors. De-identified statistical models that meet this Addendum's release boundary are not general-purpose model training.
9. Security, confidentiality, and tenant separation
QR Cigars maintains access controls, per-brand scoping, separation between public and service credentials, encryption in transit, salted one-way hashing of visitor identifiers, and audit logging for administrative actions. Employees and contractors with data access are bound by confidentiality obligations.
Raw client-visible analytics never include a visitor's raw IP address or full user-agent string; only coarse device, browser, and geographic fields are stored.
10. Controller-processor terms
When QR Cigars processes Client Audience Data or other Personal Data solely to provide the Service on the client's behalf, the client is the controller or business and QR Cigars is its processor, service provider, or contractor as those terms apply. QR Cigars acts as an independent controller for its own account administration, billing, security, legal-compliance, and agreement-evidence purposes, and for De-identified Aggregate Data only after the applicable deidentification boundary has been met.
The subject matter is delivery and support of the Service; processing lasts for the account term and the deletion period described below; and the nature and purpose include collecting, recording, organizing, hosting, retrieving, transmitting at the client's direction, securing, supporting, and deleting data. Data subjects may include the client's authorized users, subscribers, contacts, event attendees, and visitors. Personal Data may include identity and contact details, consent and communication records, event or campaign context, ratings or comments, and coarse usage, device, and location information described in the Privacy Policy.
QR Cigars will process that Personal Data only on the client's documented instructions, including this agreement and use of configured features, unless law requires otherwise, in which case QR Cigars will inform the client before processing unless that law prohibits notice; promptly tell the client if an instruction appears to violate applicable data-protection law; limit access to people under confidentiality duties; maintain measures appropriate to the risk; notify the client without undue delay after becoming aware of a breach affecting that Personal Data; and reasonably assist with data-subject requests, breach duties, impact assessments, and regulator consultations, taking account of the processing and information available to QR Cigars.
On reasonable written request, QR Cigars will provide information needed to demonstrate these obligations and allow a client audit no more than once in a 12-month period, unless a breach, regulator, or credible noncompliance concern reasonably requires more. Audits must protect other clients and security information, use existing independent reports first, occur during normal business hours, and be at the client's cost unless they reveal material noncompliance. The client is responsible for lawful instructions, required notices and legal bases, and the accuracy and lawfulness of Personal Data it submits.
For US state privacy laws, QR Cigars will not sell or share Personal Data received from the client; retain, use, or disclose it outside the specified business purposes and direct business relationship; or combine it with personal information from another source except as permitted by applicable law. QR Cigars will notify the client if it determines it can no longer meet these restrictions and will cooperate with reasonable steps to stop and remediate unauthorized use.
11. Subprocessors and restricted transfers
The client gives general authorization for the service providers identified in the Privacy Policy to act as subprocessors where their enabled function requires access to Personal Data. QR Cigars will impose materially equivalent data-protection duties, remains responsible for their performance to the extent required by law, and will give at least 15 days' email or in-product notice before a materially new subprocessor begins processing Client Audience Data when reasonably practicable. The client may object during that period on reasonable data-protection grounds; the parties will seek a commercially reasonable alternative, and if none is available the client may stop the affected feature or terminate the affected Service without penalty.
For a restricted transfer from the European Economic Area that requires the European Commission's 2021 Standard Contractual Clauses, those clauses are incorporated as Module Two (controller to processor). The data exporter is the client identified in the acceptance record; the data importer is Rojocuadrado LLC at the address in the Terms; Clause 7 applies; Clause 9 uses Option 2 with a 15-day notice period; Clause 11 does not apply; Ireland supplies the law and courts for Clauses 17 and 18; and the processing details, security measures, and subprocessor list in this Addendum and the Privacy Policy complete Annexes I through III. For a UK, Swiss, or other transfer requiring an additional mandatory addendum or localization that this paragraph cannot validly supply, the parties will execute it before the client initiates that restricted transfer. Contact hello@qrcigars.com for a copy or execution request.
12. Retention, export, and deletion
Retention follows the Privacy Policy and the implemented retention jobs: identifying analytics fields are anonymized on a fixed schedule and raw activity rows are deleted after a bounded period, while durable aggregates retain no person-level identifiers. The client may export supported audience and analytics data from the dashboard.
At account closure or the client's earlier lawful instruction, QR Cigars will, at the client's choice, delete or return processor-held Personal Data and delete remaining copies after ordinary backup cycles, unless applicable law requires retention. Personal access and client-audience records remain subject to legal holds and required records. The minimal non-personal authenticity registry may remain so that already printed QR codes do not become false or unsafe.
13. Acceptance evidence
The online acceptance records the exact immutable bundle version and its SHA-256 fingerprint, the legal company name, signer name and title, an authority attestation, electronic-record consent, locale, timestamp, and a one-way request fingerprint. No raw IP address or user-agent is stored in the acceptance record.
Acceptance records are append-only. Materially broader purposes are prospective and require a new published version and a new acceptance.
14. Changes and precedence
An order form may select Private Data Mode or stricter terms and controls and controls for its specific commercial commitments. Any separately signed data-processing or transfer agreement controls for Personal Data processing to the extent of a conflict. Otherwise this Addendum controls over the Terms for the subject matter it covers.