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Terms and Conditions

Terms and Conditions

  • General Terms and Conditions – Qhub360
  • Version: 1.0 | December 2024
  • Part A – General
  • Section A.1 Definitions

  • The following terms are defined for use in these General Terms and Conditions:

    • General Terms and Conditions: The provisions and rules detailed in this document.
    • Data: Personal or other information stored by the Client, accessible via the Service.
    • Service(s): Offerings provided by Qhub360 as per its proposal, including but not limited to software-as-a-service (SaaS) solutions.
    • Commencement Date: The effective date marking the start of the Agreement and associated Service.
    • Intellectual Property Rights: All intellectual property and related rights, including copyrights, database rights, trademarks, patents, and trade secrets.
    • Qhub360: The service provider, registered in the Netherlands, headquartered in Amsterdam, and listed with the Chamber of Commerce under registration number 95630023.
    • Client: The party entering into or negotiating an Agreement with Qhub360, including its representatives, agents, successors, or heirs.
    • Delivery: The availability of the Service or login credentials to the Client.
    • Agreement: A binding contract between Qhub360 and the Client, based on an accepted proposal.
    • SLA: The Service Level Agreement defining quality standards and issue resolution processes for the Service.
    • Updates: Modifications addressing bugs, improving functionality, or fixing errors in the Service.
    • Upgrades: Major changes enhancing the Service, adding significant features or capabilities.
    • Working Days: Monday to Friday, excluding public holidays in the specified country.
    • Work(s): Deliverables created by Qhub360, such as applications, designs, or reports.
    • Working Hours: 9:00 AM to 5:00 PM on Working Days.
Section A.2 Scope and Application Priority
  1. These Terms apply to all proposals and agreements concerning Qhub360’s Services, forming an integral part of every Agreement.
  2. If multiple entities are included under the Client’s company name, all are jointly and severally liable for fulfilling obligations under the Agreement.
  3. Specific modules may supersede these Terms if the Services provided align with the scope of those modules.
  4. The definitions in Section A.1 apply across all modules unless otherwise specified.
  5. Any conflicting provisions proposed by the Client will bind Qhub360 only if explicitly agreed upon in writing.
  6. In case of discrepancies within the Agreement, the following order of precedence applies:
    1. The Agreement;
    2. The SLA;
    3. Annexes to the Agreement;
    4. These General Terms and Conditions.
Section A.3 Proposals and Agreement Initiation
  1. The Agreement begins when the Client explicitly accepts Qhub360’s proposal.
  2. Implied acceptance through actions or requests aligned with the proposal is also valid.
  3. Proposals are valid for the specified period or, if unspecified, for 30 days from issuance.
  4. If inaccurate information provided by the Client impacts the Agreement, pricing adjustments may apply.
  5. The Agreement’s commencement aligns with the Service’s delivery date unless otherwise agreed in writing.
Section A.4 Consultation
  1. Qhub360 will provide advisory services or recommendations with the utmost professionalism, drawing on its expertise and best judgment.
  2. Qhub360 assumes no liability if the advice given results in the Client being unable to complete their project within the agreed budget, timeframe, or other specified conditions.
  3. Advisory services are based on the assumptions and information supplied by the Client, as well as the preconditions set by Qhub360. If it becomes clear that incomplete or inaccurate information was provided, or if new issues or considerations—such as compatibility challenges—emerge, Qhub360 reserves the right to adjust its recommendations accordingly.
Section A.5 Implementation of the Agreement
  1. Qhub360 will deliver Services within a reasonable timeframe post-Agreement commencement.
  2. The Services will be executed with professionalism and due care unless explicitly stated otherwise.
  3. Delivery timelines are indicative unless explicitly binding.
  4. Qhub360 may subcontract tasks as necessary, with costs to the Client only if agreed upon.
  5. Direct invoicing from third parties involved in the Agreement may be permitted, releasing related obligations upon payment.
Section A.6: Obligations of the Client
  1. The Client must take all reasonable actions or omissions necessary to facilitate the timely and accurate delivery of the Service. This includes providing all required data promptly, as specified by Qhub360, to avoid delays or the provision of a default configuration.
  2. The Client must maintain up-to-date contact information to ensure effective communication with Qhub360. Any changes to contact details must be communicated without delay.
  3. If the Client fails to supply required data, contact details, or meet other obligations, Qhub360 reserves the right to suspend its services without incurring liability for resulting damages.
  4. Qhub360 will rely solely on the data, requests, and specifications explicitly provided by the Client when fulfilling the Agreement.
  5. The Client is expected to fully cooperate with Qhub360, promptly supplying all necessary information and guaranteeing its accuracy to ensure successful execution of the Agreement.
  6. If the Client fails to provide the necessary data, information, or meet other requirements in a timely or agreed manner, Qhub360 may suspend, terminate, or rescind the Agreement and invoice the resulting costs at standard rates.
  7. Should new or revised information emerge regarding previously provided data, Qhub360 reserves the right to adjust the Agreement to reflect these changes. In consultation with the Client, Qhub360 may also terminate or rescind the Agreement if necessary.
  8. The Client must inform Qhub360 of any functional changes or improvements made to the Services or Products, especially if these adjustments require ongoing Maintenance, Support, or other associated services. Prior written consent from Qhub360 is required before implementing such changes.
  9. For any work carried out at the Client’s premises, the Client must provide essential facilities at no cost, such as workspace, communication infrastructure access, and other necessary amenities.
  10. The Client is responsible for maintaining the security and integrity of its information and communication systems. This includes implementing suitable technological and organizational safeguards and adhering to Qhub360’s security guidelines unless alternative measures offering comparable protection are in place.
Section A.7: Proprietary Rights
  1. Unless otherwise agreed in writing, all intellectual property rights associated with works and services created by Qhub360 remain the sole property of Qhub360.
  2. Intellectual property rights for third-party software (including open-source) utilized by Qhub360 are retained by the original developers or rightful owners. The Client must adhere to the terms of these licenses and indemnify Qhub360 against claims arising from non-compliance.
  3. The Client is granted a non-exclusive, non-transferable right to use works specifically developed for them by Qhub360 for the duration of the Agreement. This right is limited to internal use and may include additional restrictions or conditions set by Qhub360.
  4. Qhub360 retains the right to reuse any developed works, including source files and code, for other projects or clients.
  5. Source files and source codes will not be provided to the Client unless explicitly agreed upon in writing.
  6. To protect the integrity of its works, Qhub360 may implement technical measures, such as encryption, to prevent unauthorized modifications or access to source files.
Section A.7: Data Privacy
  1. Under the terms of the Service, Qhub360 acts as the Processor and the Client as the Controller, as defined by the General Data Protection Regulation (GDPR).
  2. Both parties are committed to full compliance with the GDPR and any other applicable data protection laws and regulations.
  3. A data processing agreement, as required under Article 28(3) of the GDPR, will be executed by the parties and is included as Annex 2 to these General Terms and Conditions.
  4. Personal data provided by the Client to Qhub360 will be used strictly for purposes directly related to the delivery and execution of the Service.
  5. Qhub360 will employ appropriate technical and organizational measures to protect personal data against loss, unauthorized access, modification, or unlawful processing.
  6. Unless otherwise requested in writing by the Client, Qhub360 reserves the right to feature the Client’s company name and logo in its marketing and promotional materials.
Section A.9: Accountability
  1. Qhub360’s liability to the Client is limited to direct damages resulting from an attributable failure to fulfill the Agreement. Direct damages include:
    1. Tangible property damage;
    2. Reasonable and demonstrable costs incurred by the Client to require Qhub360 to properly fulfill the Agreement;
    3. Reasonable expenses for assessing the cause and extent of the damages, provided these relate to direct damages;
    4. Reasonable and demonstrable costs incurred by the Client to prevent or mitigate such direct damages.
  2. Qhub360 is not liable for indirect or consequential damages under any circumstances. This includes, but is not limited to, loss of profits or revenue, delays, data loss, missed deadlines due to changing conditions, damages caused by insufficient cooperation or materials provided by the Client, or damages arising from advice or information not explicitly included in the Agreement.
  3. For liabilities as described in paragraph A.9.1, Qhub360’s maximum liability per event—or series of related events—is capped at the amounts payable under the Agreement for one year (excluding VAT). In any case, total compensation for direct damages will not exceed €15,000 (excluding VAT) annually.
  4. These limitations of liability do not apply in cases of willful misconduct or gross negligence by Qhub360’s management.
  5. Qhub360’s liability for any attributable failure arises only after the Client provides a detailed written notice of default, allowing Qhub360 a reasonable timeframe to remedy the failure. Liability is established only if Qhub360 fails to act within this period. The notice must specify the shortcoming clearly to enable an appropriate response.
  6. The Client indemnifies Qhub360 against all third-party claims, including those from the Client’s customers, for damages, costs, or interest arising in connection with the Agreement or Service.
Section A.10: Information Protection
  1. Both parties agree to safeguard the confidentiality of all proprietary information exchanged, including the terms of the Agreement. This obligation also extends to their employees and any third parties involved in the Agreement’s execution.
  2. Confidential information includes, but is not limited to, information disclosed as part of the Agreement, inherently confidential information (e.g., personal data from the Client), and information explicitly marked as confidential.
  3. For a period of 12 months following the termination or cancellation of the Agreement, the Client is prohibited from directly or indirectly hiring or establishing similar working relationships with Qhub360 employees without prior written consent from Qhub360.
Section A.11: Exceptional Circumstances
  1. Qhub360 is not responsible for fulfilling its obligations if prevented by external causes, whether foreseen or unforeseen, that are beyond its control and render performance impossible.
  2. Exceptional Circumstances include events for which Qhub360 cannot be held liable by law, legal act, or commonly accepted standards. Examples include civil unrest, wars, strikes, network attacks (e.g., denial-of-service attacks, hacking), damage to automated systems, natural disasters, severe weather, power outages, government actions, staff shortages, or supplier failures that make Agreement performance unreasonable.
  3. During Exceptional Circumstances, Qhub360 may suspend its obligations, and the Client’s payment obligations will also be suspended. If such circumstances persist beyond 90 days, either party may terminate the Agreement without liability for damages.
  4. If Qhub360 has partially fulfilled its obligations under the Agreement or can fulfil specific obligations during the period of Exceptional Circumstances, it may issue an invoice for the completed services. The Client is required to settle this invoice.
Section A.12: Contract Duration
  1. The Agreement remains valid for the duration specified in the quotation. If no duration is stated, the Agreement is valid for twelve (12) months or for the time required to deliver the Service. Early termination is permitted only as stipulated in the Agreement or by mutual consent. Agreements for professional services cannot be terminated early by the Client.
  2. For ongoing agreements, such as SaaS contracts, the Agreement will automatically renew for the same term unless written notice of termination is provided before the end of the current term, in adherence to the agreed notice period.
  3. Both parties are required to observe a notice period of three (3) months.
  4. Qhub360 reserves the right to terminate the Agreement immediately, without liability for damages, if:
    1. The Client fails to meet its obligations and does not remedy the issue within five (5) working days of receiving written notice of default.
    2. The Client is declared bankrupt, seeks a moratorium on payments, or experiences a general seizure of assets.
  5. If the Client cancels the Agreement entirely or partially, the Client is liable to pay 50% of the quoted non-recurring costs or for the hours already worked, whichever is higher. Cancellation is only allowed prior to Qhub360 beginning production of the order.
Section A.13: Pricing Structure
  1. The fees for Qhub360’s Services are detailed in the provided quotation. All prices are expressed in euros and are exclusive of VAT.
  2. For agreements involving recurring services, the amounts specified in the quotation will be invoiced prior to each new service period unless otherwise agreed in writing. Any additional costs incurred will be invoiced after the service period.
  3. Prices are subject to an annual adjustment on January 1, based on the CBS index for commercial services (DPI index) from the previous year. These adjustments do not entitle the Client to terminate the Agreement. Applied discounts are not subject to indexing.
  4. The agreed fees are calculated based on factors such as electricity costs, salaries, social security contributions, materials, travel expenses, and exchange rates at the time the Agreement was finalized. If these cost factors change—including variations in third-party service costs, currency exchange rates, or price indices—Qhub360 reserves the right to revise its prices accordingly.
Section A.14: Payment Policies
  1. Qhub360 will issue invoices to the Client for the amounts due, with payment terms set at fourteen (14) days from the invoice date unless otherwise specified in the invoice or Agreement. Services requiring advance payment will only commence once payment has been received.
  2. The Client agrees to accept electronic invoices from Qhub360. These will be sent in commonly accepted formats, such as PDF, to the email address provided by the Client.
  3. If the Client fails to pay within the specified timeframe, Qhub360 may grant an additional reasonable period for payment. After sixty (60) days from the original due date, the Client will automatically be in default without further notice. At this point, Qhub360 reserves the right to limit or suspend services, including restricting access, temporarily halting the Service, or issuing warning messages, without liability for resulting damages. During such suspensions, the Client remains obligated to fulfill payment and other contractual terms.
  4. Late payments will incur reimbursement of all extrajudicial and legal expenses, including attorney fees, in addition to the outstanding amount and any accrued interest.
  5. Payment obligations become immediately due if the Client files for bankruptcy, seeks a moratorium on payments, experiences a general seizure of assets, or undergoes liquidation or dissolution.
  6. Under no circumstances may the Client offset or suspend payments owed to Qhub360.
  7. All agreed amounts must be paid in full, regardless of whether the Client later decides not to proceed with certain aspects of the contractual work specified in the Agreement.
Section A.15: Modifications
  1. Qhub360 may amend these General Terms and Conditions, provided the Client is notified of the proposed changes at least thirty (30) days in advance. Such modifications will apply to ongoing Agreements.
  2. Minor adjustments may be made at any time and do not grant the Client the right to terminate the Agreement.
  3. If the Client disagrees with any proposed changes, they may terminate the Agreement before the updated terms take effect.
Section A.16: Further Provisions
  1. This Agreement is governed by Dutch law.
  2. Unless otherwise required by statutory provisions, disputes arising from the Agreement will be resolved by the competent court in The Hague, the Netherlands.
  3. Records or communications received or stored by Qhub360 will be deemed authoritative unless the Client provides evidence to the contrary.
  4. Emails are considered "written" communication under these General Terms and Conditions, provided the sender’s identity and content integrity are verifiable.
  5. The Client must promptly notify Qhub360 of any acquisition or merger involving the Client or a third party.
  6. Qhub360 may transfer its rights and obligations under the Agreement to a third party responsible for the relevant services or business operations without requiring the Client's approval.
  7. If any provision of this Agreement is found to be invalid, the remainder of the Agreement will remain enforceable. Both parties will replace the invalid provision with one that closely aligns with the original intent within legal limits.
  8. Section headings are provided for convenience and do not limit or define the scope of the associated provisions.
  • Part B – SaaS Implementation
  • Section B.1: SaaS Solution Delivery
    • Qhub360 grants the Client a non-exclusive, non-transferable, and limited right to use the Service as specified in the Agreement.
    • Usage rights include all future updates. However, additional fees may apply for required upgrades.
    • The Service is intended for use within the Client’s organization, adhering to limitations on user numbers, administrators, and available features as outlined in the Agreement.
    • Unless agreed otherwise in writing, the Client may not sub-license or grant access to third parties, except employees of their organization.
    • The Client must ensure compliance with all applicable legal requirements when using the Service.
    • The Client is responsible for implementing robust security measures to protect the Service.
    • Qhub360 will provide login credentials on or around the Commencement Date. The Client must safeguard these credentials against unauthorized access.
    • The Client is responsible for uploading all necessary data into the Service using the provided tools. Qhub360 is not liable for issues arising during uploads unless caused by intentional misconduct or gross negligence.
    • The Client will impose similar terms on their end users as outlined in Section D.5.
    • Qhub360 may use anonymized data for analytics and recommendations while monitoring Service usage.
Section B.2: Resource Availability and Management
  1. If no Service Level Agreement (SLA) is in place, the following provisions apply:
      2. 1.1 Qhub360 endeavors to ensure uninterrupted Service availability but does not guarantee it.
    • 1.2 Maintenance activities may cause temporary Service unavailability. Such maintenance will typically occur during low-usage periods, and Qhub360 will make efforts to notify the Client in advance whenever possible.
Section B.3: Assurances and Modifications
  1. 2.The Client accepts the Service on an “as-is” basis, including all visible or hidden defects at delivery. By doing so, the Client waives their right to invoke the provisions of Section 17 of Book 7 of the Dutch Civil Code and to terminate the Agreement based on these defects.
  2. 3. Qhub360 will strive to address any issues or deficiencies in the Service but does not guarantee their resolution.
  3. 4. The Client is responsible for verifying the accuracy of all data processing and calculations performed by the Service. Qhub360 does not warrant error-free results.
  4. 5. Qhub360 reserves the right to modify Service functionality. While Client feedback is welcome, Qhub360 may decline to implement changes if justified. Modifications are generally announced at least two (2) working days in advance, but this is not guaranteed. The Client is not permitted to use earlier versions of the Service following updates.
  5. 6. Alternative Services may be provided if their functionality and capacity are materially equivalent to the original order.
  6. 7. Qhub360 is not obligated to continue providing third-party services, including plugins, integrated into the Service if such services are subject to external intellectual property rights.
Section B.4: Qhub360 Helpdesk
  1. Qhub360 provides support for its Service through telephone and email assistance, addressing questions related to usage and functionality.
  2. Fees may apply for upgrades, and Qhub360 will always inform the Client of such costs in advance.
Section B.5: Client Conduct and System Protection
  1. The Client agrees not to use the Service in a manner that violates applicable laws or regulations or infringes upon the rights of others.
  2. The Client is prohibited from using the Service to offer, store, or distribute materials that:
    • Facilitate or encourage the violation of third-party rights (e.g., hacking tools or illegal activity guides).
    • Are defamatory, racist, discriminatory, or incite hatred.
    • Contain illegal content, such as child or animal pornography.
    • Violate third-party privacy, including sharing personal data without consent.
    • Reference or link to materials infringing copyrights or intellectual property rights.
    • Contain unsolicited commercial or promotional content.
    • Include malicious elements, such as viruses or spyware.
  3. The Client must not interfere with other users or compromise Qhub360’s systems or networks, including initiating processes or programs that could harm services or systems.
  4. If Qhub360 determines its systems or networks are at risk due to excessive data transmission, security vulnerabilities, or malicious software, it reserves the right to take necessary protective measures and recover associated costs from the Client.
Section B.6: Notice and Action Procedure (Complaints)
  1. Upon receiving a complaint or identifying a potential rule violation by the Client, Qhub360 will notify the Client promptly. The Client must respond without delay, and Qhub360 will determine the appropriate course of action.
  2. If a violation is confirmed, Qhub360 may block access to relevant data or files. Files will not be permanently deleted unless technically necessary, and in such cases, Qhub360 will create a backup. Efforts will be made to minimize disruptions to other data, and the Client will be informed of the actions taken.
  3. For serious violations, Qhub360 may restrict or suspend access to the Service temporarily without liability for resulting damages. Additionally, Qhub360 may report the matter to authorities and will disclose Client data to third parties only under court order.
  4. While Qhub360 endeavors to act fairly and reasonably, it is not liable for damages arising from actions taken under this section.
  5. Qhub360 reserves the right to terminate the Agreement in cases of frequent complaints regarding the Client or the data they store.
  • Part C – Consulting and Project Supervision
  • Section C.1: Advisory and Program Management
    • Qhub360 will deliver consultancy and project management services with professionalism and expertise.
    • The scope of these services will be mutually agreed upon in advance. Any necessary changes during the project will be implemented through consultation, and additional costs may be charged to the Client.
    • Consultancy and project management services are provided on a best-efforts basis unless explicitly agreed otherwise in writing.
    • The Client acknowledges that implementing Qhub360’s advice is undertaken at their own risk. Qhub360’s liability for any resulting damages is governed by the terms of the Agreement.
    • Qhub360 will provide prior estimates for time and costs related to its work. The duration of services may vary depending on the level of cooperation provided by the Client.
Section C.2: Instructional Courses and Seminars
  1. Qhub360 determines the content of its training sessions and courses. While Client input is welcomed, Qhub360 cannot guarantee all requests will be accommodated.
  2. Training sessions are generally conducted at Qhub360’s facility unless otherwise agreed in writing.
  3. When training is held at the Client’s location, the Client is responsible for providing necessary resources, such as training space, equipment, internet access, and refreshments, as well as managing participant registrations.
  4. Training sessions can be rescheduled or canceled at no cost if done at least five (5) working days in advance. Cancellations or rescheduling within five (5) days of the scheduled date will incur a fee equal to 50% of the agreed cost.
  5. A cancellation or rescheduling on the training day, or failure to attend without prior notice (“No-show”), will result in a charge of 100% of the agreed cost.
  6. Fees for mandatory training sessions are non-refundable under any circumstances.
  7. Qhub360 may cancel or reschedule training sessions with at least five (5) working days’ notice. Prepaid fees for canceled sessions will be refunded within ten (10) working days, except for mandatory training sessions, where Qhub360 will coordinate a rescheduled date with the Client.
  8. For security purposes, Qhub360 employs camera surveillance at its offices.
  • Annex : Data Processing Agreement

    This Annex outlines the Data Processing Agreement between Qhub360, as the "Processor," and the Client, as the "Controller," in compliance with Section 28(3) of the GDPR.

  • Section 1: Definitions
    • 1.1 Agreement: The contract between the Controller and Processor involving personal data processing.
    • 1.2 Autoriteit Persoonsgegevens (AP): The Dutch authority supervising GDPR compliance.
    • 1.3 GDPR: General Data Protection Regulation.
    • 1.4 Data Breach: Any incident resulting in unauthorized access, loss, alteration, or disclosure of personal data.
    • 1.5 Data Processing Agreement: This document detailing responsibilities under GDPR Section 28(3).
    • 1.6 Data Subject: The individual to whom the personal data pertains.
    • 1.7 Client: The party instructing the Processor to handle personal data.
    • 1.8 Personal Data: Any information identifying or potentially identifying a natural person.
    • 1.9 Sub-Processor: A third party engaged to assist the Processor in data processing.
    • 1.10 Controller: The entity determining the purposes and means of personal data processing.
    • 1.11 Processor: The entity processing data on behalf of the Controller.
    • 1.12 Processing: Any operation performed on personal data, such as collection, storage, or deletion.
    • 1.12Singular terms include the plural, and headings are for readability and do not limit the scope of sections.
Section 2: Processing of Personal Data
  1. 2.1 The Processor will process personal data strictly in accordance with the Controller’s instructions unless otherwise required by law.
  2. 2.2 The Processor will inform the Controller of any legally mandated deviations unless prohibited.
  3. 2.3 The Controller ensures compliance with data protection laws and indemnifies the Processor against any claims arising from non-compliance.
  4. 2.4 Additional work not specified in the Agreement must be agreed upon in writing and may incur charges.
Section 3: Security
  1. 3.1 The Processor will implement appropriate technical and organizational measures to safeguard personal data. The Controller acknowledges these measures meet GDPR requirements.
  2. 3.2 Additional security measures requested by the Controller may incur additional costs.
  3. 3.3 The Processor holds ISO 27001 and ISO 9001 certifications and will provide related reports upon request.
Section 4: Data Breach
  1. 4.1 The Controller is responsible for reporting Data Breaches to authorities or Data Subjects as required.
  2. 4.2 The Processor will notify the Controller promptly of any Data Breach and provide relevant details.
  3. 4.3 Both parties must maintain confidentiality regarding Data Breaches unless disclosure is legally required.
  4. 4.4 The Processor will cooperate with the Controller to meet reporting obligations and may charge for additional assistance.
Section 5: Confidential Information
  1. 5.1 Both parties must maintain confidentiality regarding personal data and associated access credentials.
  2. 5.2 The Processor will ensure personnel handling personal data are bound by confidentiality agreements.
  3. 5.3 Disclosure of personal data to third parties is permitted only under legal or regulatory requirements.
Section 6: Rights of Data Subjects
  1. 7.1 The Processor will assist the Controller in addressing Data Subject rights, such as access or deletion requests.
  2. 7.2 The Processor will provide support for compliance with GDPR obligations, including Data Protection Impact Assessments (DPIAs).
Section 7: Contract Period and Termination
  1. 6.1 This Agreement remains valid as long as the main Agreement is in force.
  2. 6.2 Upon termination, the Processor will delete or return all personal data unless retention is legally required.
Section 8: Audits
  1. 8.1 The Processor will provide evidence of compliance with this Agreement through audit reports and certifications.
  2. 8.2 The Processor undergoes regular audits conducted by independent experts to ensure compliance with data protection standards. The Processor holds certifications such as ISO 27001 and ISO 9001. The Controller may request access to the relevant audit reports, which serve as evidence of the Processor’s compliance.
  3. 8.3 Upon the Controller’s request, the Processor will cooperate with audits or inspections carried out by the Controller or an authorized auditor. Any costs associated with these audits, including the Processor's time and resources, will be borne by the Controller.
  4. 8.4 The Processor will assist the Controller with Data Privacy Impact Assessments (DPIAs) when required. Upon request, the Processor will provide an estimate of the time and costs associated with the DPIA. Both Parties will review the assessment findings and agree on necessary improvements, considering processing risks and other relevant factors.
Section 9: Sub-Processors
  1. 9.1 The Controller consents to the use of Sub-Processors listed in Sub-Annex 2.1 for the provision of services under this Agreement.
  2. 9.2 The Processor will ensure that all Sub-Processors are bound by obligations equivalent to those outlined in this Data Processing Agreement. If a Sub-Processor fails to meet these obligations, the Processor remains fully responsible to the Controller for ensuring compliance.
Section 10: International Transfer of Personal Data
  1. 10.1 The Processor will not transfer Personal Data to a third country outside the EU/EEA or to an international organization without the Controller’s prior written consent, unless the transfer is legally justified. Such justifications include an adequacy decision by the European Commission, binding corporate rules under Section 47 of the GDPR, or appropriate safeguards in accordance with Section 46 of the GDPR. This includes data storage outside the EU/EEA.
  2. 10.2 The Controller ensures that any transfer of Personal Data to affiliated entities, such as a parent or subsidiary company in a third country, complies with the legal requirements of the GDPR.
Section 11: Additional Provisions
  1. 11.1 This Data Processing Agreement is an integral part of the overall Agreement and Qhub360’s General Terms and Conditions. All rights and obligations under the primary Agreement, including limitations of liability, apply equally to this Data Processing Agreement.
  2. 11.2 The (sub-)annexes to this Data Processing Agreement are an integral component of the document. In the event of any conflict between the (sub-)annexes and the main Data Processing Agreement, the latter will take precedence.
  • Sub-Annex: Personal Data Processing and Security Measures
  • 1. Description of Personal Data Processing
  • Categories of Personal Data:

    Qhub360 processes the following types of Personal Data:

    • Name and contact details
    • Email address
    • Employee contract details (e.g., salary and benefits)
    • Personal work schedules
    • Time and attendance records
    • Leave, holiday, and absence balances
    • Location data
    • Photographs
    Warning: Employers are prohibited from entering sensitive data, such as health-related information, in absence records.
  • Categories of Data Subjects:

    Qhub360 processes Personal Data for:

    • Employees of the Controller or their clients
    • Other relevant data subjects
  • Nature and Purpose of Processing:

    Qhub360 supports time tracking and employee scheduling, providing essential data for payroll integration. While not a payroll system, Qhub360 integrates with external payroll software.

    Core Features of Qhub360 Services:
    • Personnel planning:Efficient scheduling based on budgets, availability, and leave requests, with real-time updates.
    • Time registration:Accurate logging of hours with automatic allowance and adjustment calculations.
    • Clock system:Employees clock in and out via mobile location, with hours automatically recorded.
    • Mobile app:Enables employees to view schedules, submit availability, and track leave balances.
    Special Data Considerations:Employers must comply with GDPR Section 9 for processing sensitive data. Biometric clocking options (e.g., hashed fingerprints) are classified as sensitive data and require a DPIA. Employers cannot mandate biometric clocking and must offer alternative methods.
    Legal Grounds for Processing: Processing is generally based on employment contracts or legal obligations. In some cases, legitimate interests may apply, allowing data subjects to object.
    Duration of Processing: Personal Data is retained for the duration of the Agreement unless otherwise required by law. Upon termination, Qhub360 will delete or return data within three months. Controllers may purchase an Archive Service for extended retention if needed.
    Sub-Processors: Details of authorized Sub-Processors are available atwww.qhub360.com.Controllers may contest changes to the Sub-Processor list by providing valid reasons in writing.
    Note: Data processing outside the EU/EEA is subject to appropriate safeguards, including Standard Contractual Clauses or adequacy decisions by the European Commission.
2. Security Measures

Qhub360 implements robust security measures, including:

  1. Access control limited to authorized personnel
  2. Regular security audits and monitoring
  3. Logging of critical activities
  4. Backup and redundancy protocols for data recovery
  5. Comprehensive software review prior to deployment
  6. Encrypted systems secured by strong passwords and antivirus software

These measures are documented in Qhub360’s Security & Quality Manual, and the platform holds ISO 27001 certification to ensure compliance with industry standards.