Last updated August 13, 2020
Frndly, Inc. (“Qiirky,” “we,” “us” or “our”) strives to create and maintain an online community and in-person community in which people are treated with dignity, decency and respect. The online community includes all digital aspects of the Qiirky, to include but not limited to images, text, and language used while on the application. The in-person community includes all real-world interactions between users that was facilitated by Qiirky application. Both the online community and in-person community shall be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Qiirky will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of users, Qiirky will seek to prevent, correct and discipline behavior that violates this policy.
All users are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any user who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, account suspension, or permanent account deletion.
Users who knowingly allow or tolerate discrimination, harassment or retaliation, are in violation of this policy and subject to discipline.
A SAFE PLACE
Qiirky exists as a platform to find platonic friendships in your area. We want every user to feel confident while using Qiirky that the other people in the community are here for the right reason. We are counting on you, our Qiirky members, to help us filter out those that are not here for the right reasons. If anyone makes you feel uncomfortable for any reason feel free to block that individual and if the issue is beyond general uncomfortable do not hesitate to report that user so that Qiirky Staff Members can intervene. We only want people here who are genuinely trying to expand their circle of friends and meet new people.
PROHIBITED CONDUCT UNDER THIS POLICY
Qiirky, in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
It is a violation of Qiirky’s policy to discriminate or allow discriminatory treatment due to, in whole or in part, the person’s race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity, genetic information or marital status.
Discrimination in violation of this policy will be subject to disciplinary measures up to and including permanent account deletion and suspension from the platform. Any user that is suspended due to proven discriminatory treatment towards others will not be eligible for a refund and will forfeiture all money spent on in-app purchases or upcoming events if suspension occurs during a subscription period.
Qiirky prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce a user of Qiirky while in our online community and in-person community.
The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
Written or verbal harassment includes comments that are offensive or unwelcome regarding a person’s national origin, race, color, religion, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs and negative stereotyping.
Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital status or other protected status.
Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets and Internet postings; or other forms of communication that are sexual in nature and offensive.
Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault.
Courteous, mutually respectful, pleasant, noncoercive interactions between users that are appropriate in the online community and in-person community and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.
Consensual Romantic or Sexual Relationships
Romantic or sexual relationships between users.
We understand the friendships can turn romantic. If any user of Qiirky enters a consensual relationship that is romantic or sexual in nature with another user there is no breach in policy. We welcome the opportunity to celebrate your relationship with you.
No hardship, loss, benefit or penalty may be imposed on a user in response to:
Filing or responding to a bona fide complaint of discrimination or harassment.
Appearing as a witness in the investigation of a complaint.
Serving as an investigator of a complaint.
Lodging a bona fide complaint will in no way be used against the user or have an adverse impact on the individual’s account status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.
Any person who is found to have violated this aspect of the policy will be subject to discipline up to and including permanent account deletion.
All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the Qiirky staff will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be maintained in secure files.
Qiirky has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The company will treat all aspects of the procedure confidentially to the extent reasonably possible.
Complaints should be submitted as soon as possible after an incident has occurred, preferably in writing through Qiirky’s in-app report functionality.
Messages > Current Connect > Select User > Select The Menu Icon (Three Dots) To The Right Of The User’s Name > Select Report
Upon receiving a complaint that violation of this policy may be occurring, the Qiirky staff will review the complaint with the company’s legal counsel.
Our team will initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
During the investigation, the HR director, together with legal counsel or other management employees, will review the evidence associated with the complaint, to determine whether the alleged conduct occurred.
Upon conclusion of an investigation, if it is determined that a violation of this policy has occurred, Qiirky will notify both parties of the results. The appropriate action will depend on the following factors:
a) the severity, frequency and pervasiveness of the conduct;
b) prior complaints made by the complainant;
c) prior complaints made against the respondent; and
d) the quality of the evidence (e.g., firsthand knowledge, credible corroboration).
If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, our team may recommend appropriate preventive action.
ALTERNATIVE LEGAL REMEDIES
Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state or federal agencies or the courts.