Privacy Policy

Contents

• Who we are ?
• Who can use Quack?
• How is my personal information used by Quack to provide the Quack services to me?
• How else does Quack use my data?
• What personal data is Quack processing, for what purposes, and what is the legal basis that allows Quack to use my data?
• How long will Quack keep my data?
• What information does Quack collect about me if I’m under the minimum age to use Quack?
• Who does Quack share information with?
• Your rights
• How does Quack protect my personal data?
• Where is my personal data kept?
• Does Quack collect any other personal data about me?
• Does Quack use my personal data for any other purpose?
• What are 'cookies' and what 'cookies' does Quack use?

Who we are

Quack Marketing Ltd is operated by EyeLinkMedia Holding Limited is a company registered in England at 5th Floor, 1 Dover Place, Ashford Commercial Quarter, Ashford, Kent TN23 1FB with company number 11481021.

Quack has designated a Data Protection Officer and they can be reached by emailing DPO@quackapp.com or by post at the address above.

Who can use Quack?

If you are in Argentina, Brazil, Mexico, the UK or the US, you must be aged 13 or over to sign up for a Quack profile. If you are in Chile or Russia, you must be aged 14 or over. Otherwise, depending on where you live, you may need to be a different minimum age. You can only use Quack if you are allowed to do so by law and we will not be responsible for the users that are younger than the above minimum age. For more information please refer to the section "What information does Quack collect about me if I’m under 13?".

When you sign up to use Quack, you'll be asked to confirm your date of birth so that we can check that you are the above age or older (don't lie about your age – that's an important rule). If you live in Brazil, Chile or Mexico and you are the minimum age above or over but are under 18, you will need your parent, guardian or legal representative to consent to you signing up to Quack and they will need to assist or represent you in the registration.

If you reside in Argentina, Chile or the US, by signing up to use Quack, you will be granting your prior, express and informed consent for Quack to process your personal data as described in this privacy policy. If you do not agree with this privacy policy, please do not sign up to use Quack.

Providing us with the personal data requested to sign up for and use Quack is not mandatory. However, if you do not provide it you may not be able to use Quack.

How is my personal information used by Quack to provide the Quack services to me?

Quack is a messaging and content-sharing app that allows users to message and send photos and other content to contacts who have also downloaded the Quack app, as well as post content generally available to other Quack users. When you sign up to Quack, the app will request access to the contacts on your device so that you can see your contacts who are also using Quack. You will also be able to see the Quack profiles of friends of friends who are on Quack (this is referred to as the “Circle”) and they will be able to see that you are on Quack. Please ensure you have obtained the consent of your contacts and anyone else before sharing their personal information with us.

You understand that by using the app, you are visible to people in the Circle. Friends of friends who are in your Circle can’t see your full name or phone number, but they will be able to see your profile, your profile photo and the number of, and names of, friends you have in common. They can also see the name that you have saved to your profile on the app during registration, and any information that you have voluntarily added to the “About” and “Work and Education” sections of your profile.

Quack users can send a request to start chatting to people in the Circle. If you accept a chat request, then you become a contact within Quack and you can send messages within Quack; however, the other Quack user still cannot see your phone number. They will only see the limited profile information as set out above.

You have the option to allow Quack to show your location at city level in your profile (for example if you are within London your location would be shown as “London”). If you allow your location to be shown, the Quack app will collect information about your location from your phone (latitude and longitude). If you permit your location to be shown it will only be visible to other users who are sharing their location.

If location data is enabled, users can search within contacts and members of their Circle by city location. All users can also search within contacts and members of their Circle by applying age and/or gender filters.

If you have enabled location services, but wish to turn it off, you can do so by the following methods:

1. iPhone app — settings, privacy, location services, Quack
2. Android — settings, security and location, location, Quack

You also have the option to allow Quack to show you other Quack users who are near you. If you allow this function the Quack app will collect information about your location from your phone via Bluetooth. You will also appear as nearby to Quack users who are sharing their Bluetooth data. You can turn off this functionality under Privacy and security, Bluetooth discovery. If you have disabled Bluetooth on your phone settings, then this function will not be available.

You control your user profile. These details are available to you at any time by accessing your profile in Quack. You can correct, update and delete the information in your profile at any time but you are only able to change your date of birth and your gender once within the profile. If you have any issues or need to change these further, you can contact Quack’s Customer Support Team at support@quackapp.com

Please be careful about posting private and sensitive details about yourself on your profile. Remember that this can be seen by other Quack users. Some information has special protection under data protection laws and is called “special category” or “sensitive” data, depending on applicable laws. This includes information about or revealing your religious, philosophical or moral beliefs, your racial or ethnic origin, your political opinions, your health, your sexual orientation and sex life, among others. You may decide to voluntarily provide this type of information in your profile, but Quack does not require it to fulfil the purposes for processing your data as set out in this Privacy Policy. Please remember that any photographs that you post on Quack may reveal these kinds of special category/sensitive data. Where you do include this type of information in your profile, you are explicitly consenting to Quack processing your information and making this public to other users. You can change your profile at any time to remove this information.

For safety and security and to ensure you have the best possible user experience, we require users to verify the mobile phone number that they use to register for a Quack account. To do this we send a code to the mobile phone number that is provided and that code must be entered into Quack to enable an account to be created. We want to make sure you are not a robot! And we also want to avoid fake Quack accounts being created which can be used for malicious activities and cyber crime – they threaten the Quack network and spoil things for everyone. We use a third party provider for account verification who will keep your phone number for up to 90 days for fraud identification purposes, and will only process it following our instructions and in accordance with applicable laws.

To prevent abuse of the app/site, Quack may block accounts or content as part of its anti-spam procedures. In order to do this, our systems check accounts and messages for content that indicates breaches of our Website and App Rules (“Rules”) and applicable laws. If an account or message meets certain criteria that demonstrate that the Rules and/or laws are likely to have been breached, the relevant account or content will automatically be blocked. All users of accounts that have been blocked will be notified that their account has been blocked and affected users can contact Quack to contest the decision.

If you purchase anything on Quack, we collect details of your payment method, such as your payment card number, card verification value (CVV) and billing address. If you withdraw rewards or funds from Quack, we may collect details of your bank account, information required to verify your identity and comply with applicable laws, and tax-related documentation. We collect information about how users use Quack to provide Quack and the services that users sign up for or request from us, improve our products and services, enforce our rules, policies and agreements with users, and comply with applicable contracts and laws.

In order to prevent fraudulent payment transactions being processed as part of Quack's anti-fraud procedures, our systems check payment transactions for behaviour that indicates breaches of our Rules. If a transaction meets certain criteria that demonstrate that the Rules are likely to have been breached and the transaction is likely to be fraudulent, the relevant transaction may automatically be blocked. Where a transaction is blocked, the user will be notified that their transaction cannot be processed and affected users can contact Quack to contest the decision.

Please note that if your account is blocked, any account(s) that you have on our other group platforms/applications may also be blocked as part of our anti-spam and anti-fraud procedures.

How else does Quack use my data?

When you use Quack we automatically collect certain information, including the unique device identifier assigned to your device (“Device ID”) and other information regarding your access to (or use of) Quack. We collect information about your browser type, referring domain (this is information about a third party site that you were on before you clicked through to the Quack site) and mobile carrier. We use this information to check that it is you using Quack, to see how you are using the Quack service so that we can improve our services, to keep track of your preferences and to create a more tailored user experience.

What personal data is Quack processing, for what purposes, and what is the legal basis that allows Quack to use my data?

We are only permitted to use your data when we have a lawful basis to do so or there is an exception under which Quack is allowed to use your data. The table below provides an overview of the legal bases that Quack relies on to use your data, unless you are in Mexico or the US in which case the "Legal basis" column does not apply to you.

How long will Quack keep my data?

We keep your personal information only as long as we need it to fulfil the legitimate business purposes for which it was collected (as set out above) and as permitted by applicable law.

In practice, we delete or anonymise (if authorized by applicable law) your information (other than chats with other active members) upon deletion of your account, unless:

1. we must keep it to comply with applicable law;
2. we must keep it to evidence our compliance with applicable law;
3. there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
4. to the extent permitted by law the information may be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behaviour or security incidents from opening a new account.

Please note that your chat with other users via the Quack app may not be deleted if you delete your account if these chats are with other active users of the Quack app.

Where Quack uses machine learning, for example, to help us detect and prevent fraudulent card transactions, and to detect and prevent spam communications on the app (as explained above), we may need to keep personal information for a longer period than the retention periods explained above, to enable the machine learning to work properly and if it is permitted by applicable laws. Where this is the case, we always seek to minimise the amount of personal information that is used and we ensure that it is ring-fenced and kept securely from other user personal information. We regularly review the period for which personal information is required for machine learning purposes and delete any identifiable information when it is no longer required.

What information does Quack collect about me if I’m under the minimum age to use Quack?

Quack does not knowingly collect any information about or market to anyone under the minimum age to use Quack as set out in the "Who can use Quack?" section above. If we become aware that somebody who is under the minimum age has registered with us and provided us with personal data, we will take steps to terminate that person’s registration and delete their profile information from Quack. If we do delete a profile because you violated our age restriction rules, we may retain your mobile number and IP address to ensure that you do not try to get around our rules by creating a new profile.

Who does Quack share information with?

We may share aggregated information that includes your personal data (but which doesn’t identify you directly), together with other information including log data with third parties for industry analysis and demographic profiling.

In addition, we share your data with the following categories of third-parties:

1. Information technology companies (hardware and software) which provide services to support our products
2. Fraud prevention and anti-spam providers to protect the service from criminal activity
3. Moderators to monitor activity on the site/apps and approve content
4. Law enforcement agencies, where we are required to by law or to protect the vital interests of a person
5. Marketing companies which provide services to support our marketing activities

We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy and applicable laws. Measures are taken to ensure that the data shared is non-attributable to individuals to the greatest extent possible.

In the event that Quack or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organisation, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.

Your data may be shared with other Quack group companies, for example, to block accounts and suspected fraudulent payment transactions as part of our anti-spam and anti-fraud procedures.

The above parties with whom we may share your data may be located in a country that does not offer the same level of data protection as that offered by the data protection laws of the country where you live or where your data was collected. If you live in Argentina, you expressly consent to us sharing your data with the above parties even if they are located in countries that do not offer adequate levels of data protection, as explained above. In any event, whenever your data is transferred or assigned, this will be done in accordance with this Privacy Policy and applicable laws.

Your rights

UK/EU

Under UK and European law, you have the right to lodge a complaint with data protection regulators. If you are based or the issue you would like to complain about took place in the UK, you can complain to the Information Commissioner’s Office (ICO). You can find out how to raise a concern with the ICO by visiting their website at www.ico.org.uk. If you’re based or the issue you would like to complain about took place in the European Economic Area, you can complain to your local data protection regulator and a list of their contact details can be found here.

You have a number of rights under European Data Protection law.

1. Right to be informed: what personal data an organisation is processing and why (we provide this information to you in this notice).
2. Right of access: you can request a copy of your data.
3. Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
4. Right to erasure: you have the right to have your data deleted in certain circumstances.
5. Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
6. Right to data portability: you can request a copy of your data in a machine-readable form that can be transferred to another provider.
7. Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
8. Rights related to automated decision making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.

If you want to exercise any of your rights listed above please visit our Contact Us page in the App or email us at DPO@quackapp.com. You can also contact us by post at 5th Floor, 1 Dover Place, Ashford Commercial Quarter, Ashford, Kent TN23 1FB.

California

Please note the following about how we have collected, used and disclosed California (CA) residents’ personal information over the past 12 months, including additional rights California residents may have with respect to their personal information.

• CA Personal Information. Consistent with the “What personal data is Quack processing, for what purposes, and what is the legal basis that allows Quack to use my data” section above, we may collect certain categories of information about California residents, such as:
  • Identifiers: name, gender, address, data of birth, photo, mobile phone number, e-mail address, IP address, username, device ID and contact list; if a California resident participates in certain programs we administer, we may also ask them to provide social insurance number, taxpayer identification number, and government-issued number or identification;
  • Commercial Information: PayPal ID, payment card details, payments received, type of payment, and details of payments;
  • Internet or Other Electronic Network Activity: traffic statistics, clickstream data, mobile carrier, and search terms;
  • Geolocation Data: physical location of a California resident’s mobile device;
  • Audio, visual and electronic information: audio clips, images, GIFs, videos and other information that you submit that contains information about yourself;
  • Professional or employment-related information: if a California resident submits an application to work for us, we may collect their professional or employment-related information and work history;
  • Education information: if a California resident participates in certain programs we administer, we may collect information about their educational institution.
  The above categories of personal information correspond with the categories of personal information listed under Cal. Civ. Code § 1798.140(o)(1)(A), (D), (F), (G), (H), (I) and (J).
• Sources of CA Personal Information. Consistent with the “How is my personal information used by Quack to provide the Quack services to me?” section above, we may collect personal information directly from California residents, and automatically when they use Quack.
• Use of CA Personal Information. We process California residents’ personal information for the purposes outlined in the “What personal data is Quack processing, for what purposes, and what is the legal basis that allows Quack to use my data” section above.
• CA Personal Information Sold or Disclosed for Business Purposes.
  • Sharing Personal Information for Business Purposes: We disclose the following categories of personal information for business purposes: Identifiers, Commercial Information, Internet or Other Electronic Network Activity, Geolocation Data, and other information to information technology, fraud prevention and anti-spam services providers.
  • No Sale of Personal Information: We do not sell California residents’ personal information. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
• CA Privacy Rights. If you are a California resident and subject to certain exceptions, you may have the following rights:
  • Right to Know and Delete: you may have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically (“right to know”) and/or to delete the personal information we hold about you. To submit a request to exercise these rights, please submit an email request to dpo@quackapp.com and include “CCPA Request” in the subject line. To protect your and others’ privacy and security, we will verify your identity before responding to any request, and may ask you to provide us with information matching the identifiers and commercial information already maintained by Quack about you or additional proof where necessary. If you are making this request on behalf of someone else, we may request the authorized agent provide us with a copy of a valid power of attorney or evidence of the written authorization. You will not be penalized or discriminated against for exercising your rights to your personal information.
  • Right to Opt-Out (“Do Not Sell My Personal Information”). You have the right to opt-out of the sale of your personal information by a business. We do not sell your personal information.
  • Shine the Light: California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at dpo@quackapp.com.
  • “Do Not Track”: Under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party online services, to the extent the operator engages in that collection. At this time, we do not track our users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual user’s online activities over time and across different online services when using the app.

Russia

Under Russian law you have the right to obtain information relating to your personal data. You have the right to obtain from us rectification of your personal data, its blocking or erasure where personal data is incomplete, irrelevant, inaccurate or unlawfully processed, or is no longer necessary in relation to the purpose for which it was processed, as well to take any other measures to protect your rights in accordance with the law.

Argentina

Under Argentine law, you have the right to lodge a complaint with the data protection regulator.

If you live in Argentina, you have a number of rights under Argentine Data Protection law, for instance:

1. Right to be informed: what personal data an organisation is processing and why (we provide this information to you in this notice).
2. Right of access: you can request a copy of your data.
3. Right of update/rectification: if the data held is inaccurate, you have the right to have it updated/rectified.
4. Right to erasure: you have the right to have your data deleted in certain circumstances.
5. Rights related to automated decision-making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to request an understandable explanation of the logic applied in the automated decision-making process.

In Argentina the data owner is entitled to exercise the right of access to his/her/its personal data free of charge at intervals of not less than six months, unless a legitimate interest to that effect is established in accordance with article 14, paragraph 3 of Law No. 25,326. THE PUBLIC INFORMATION ACCESS AGENCY, in its capacity as the Control Entity of Law No. 25,326, has the power to attend complaints and claims filed by those whose rights are affected due to breaches of applicable regulations on personal data protection. The data owner may at any time request the removal or blocking of his/her/its name from the databases referred to in this article. Every communication for advertising purposes that is carried out by mail, telephone, email, Internet or any other future remote means, shall state expressly and prominently the possibility of the data owner to request the withdrawal or blockage, in whole or in part, of his/her/its name from the database. At the request of the interested party, the name of the person responsible or user of the database that provided the information must be reported.

Brazil

If you live in Brazil or your data has been collected in Brazil, under Brazilian laws you may have certain rights in regard to your personal information, as described below:

1. Right to confirm the existence of processing of your personal information;
2. Right to access your personal information;
3. Right to correct your personal information that is incomplete, inaccurate or out of date;
4. Right to request the anonymization, blocking or elimination of personal information that is unnecessary, excessive, or processed in violation of the provisions of applicable laws;
5. Right to request the portability of your personal information to another service or product provider;
6. Right to request the elimination of your data that is processed based on your consent, except if the data is necessary to comply with our legal or regulatory obligations, transfer to a third party, or our exclusive use provided that the information is anonymized;
7. Right to obtain information about the third parties with whom your personal information has been shared;Whenever the processing of your personal information is based on your consent, you have the right to obtain information about the possibility of not providing consent and the consequences of such denial, in addition to the right to revoke consent;
8. Right to object to processing that is not based on your consent, in case of non-compliance with applicable data protection legislation;
9. Right to request a review of decisions made solely using automated processing of your personal information that affects your interests.

Under Brazilian law, you have the right to lodge a complaint with the National Data Protection Authority.

Chile

If you are in Chile, you have the following rights:

1. Right to be informed: what personal data an organisation is processing and why (we provide this information to you in this notice).
2. Right of access: you can request a copy of your data.
3. Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
4. Right to erasure: you have the right to have your data deleted in certain circumstances.
5. Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
6. Right to object: in certain circumstances you may object to the processing of your data.

Mexico

If you are in Mexico you have at all times the right to access and view the information we have about you: likewise, you have the right to require such information to be corrected or cancelled; you may oppose Quack's use of your personal data for specific purposes and/or revoke at any time the consent you granted us for the processing of your personal data to the extent permitted by the law. In order to exercise such rights or to ask any questions or complain in relation to the processing of your personal data please contact our Personal Data Department ("PDD"). Please address your request to the following email: PDD@quackapp.com.

Your requests will be evaluated in the terms set out in the applicable laws. Our PDD will communicate to you (i) the information required for your identification as well as the documents needed to be sent alongside your request; (ii) the time periods in which you will receive an answer to your request; (iii) how you should file your request, including the forms that you may use to file your request, if any, and; (iv) the form or means in which we will deliver you the information.

In addition, you may limit the use or disclosure of your personal data by sending your request to the PDD at PDD@quackapp.com.

If your request is appropriate, the PDD will register you on the exclusion list for the purpose for which the exclusion is applicable.

How does Quack protect my personal data?

Quack has implemented security measures, including legal, organizational and technical measures, intended to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal data. Our technical experts at Quack work hard to ensure your secure use of our site.

While we take reasonable precautions against possible security breaches of our website, member database and records, no website or internet transmission is completely secure and we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal data safe (including your password) and to log out of your account after use. If you lose your password or give it out, or another service provider that you use suffers a data breach and you have used the same credentials with that service provider as you have with Quack, your personal data may be compromised. If that happens, please report it to Support via the Contact Us page in the app.

Where is my personal data kept?

We want you to be able to access Quack wherever you happen to be in the world. To enable us to provide that service, we operate a global network of servers including in the US, Hong Kong, Czech Republic and Russia. The hardware is located in third-party data centres but is owned by Quack. If your personal information is transferred to other countries outside the country where you live or where your data was collected, we ensure that the data is adequately protected by ensuring, when required by applicable law, that valid, legal mechanisms are in place such as approved model clauses (which can be found here for the EU/UK), or as otherwise required under applicable laws. If you want more information relating to the nature of the safeguards we have in place please email DPO@quackapp.com.

If you live in Argentina, Amazon Web Services, domiciled in North Virginia, is responsible for the database where your personal data is stored.

Does Quack collect any other personal data about me?

If you contact our Customer Support team via our Contact Us page in the App, we will receive your email address, and may track your IP address as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you) as required or permitted by law after deletion of your account.

Does Quack use my personal data for any other purpose?

We may use your personal data to resolve disputes, troubleshoot problems and enforce our Rules. This is in our legitimate interests to resolve issues and ensure the smooth running of the Quack services.

From time to time we may run surveys for research purposes and we may contact you to find out if you would like to take part. Such surveys are optional and more information will be provided at the point of contact. We may also contact you for feedback purposes. If you do not wish to be contacted to take part in a survey, please contact our Customer Support Team at our Contact Us page in the App.

What are 'cookies' and what 'cookies' does Quack use?

We collect information by placing cookies on your computer or mobile. A cookie is a piece of text stored on your computer or mobile by your web browser. They are basically a tool that stores information about website visits, recognises you and your preferences each time you visit Quack, and ensures site functionality and enables us to provide the services our members request.

When you visit the publicly available sections of Quack, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (also known as local storage devices) on your device, so that Quack remembers you and makes your login experience faster and easier. We may use persistent tracking cookies on your mobile device, mainly for security protection purposes, such as to prevent phishers, scammers, unauthorised log in attempts, and to help you recover your account if it is hacked.

You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that Quack offers.

Quack’s use of cookies and local storage devices basically falls into the following categories:

• cookies related to the performance of Quack’s site, such as analytics that help us determine how our site is performing and ensuring a smooth and trouble free experience for our members and visitors;
• cookies related to the functionality of Quack’s site, such as remembering your preferences at log in or your preferred language or allowing you to chat, add photos and message Quack users; and
• third party cookies which link to other social networks and which you request via social plugins.

Quack uses cookies and local storage devices so that we know who you are, what interests you have and so that you can do the things online that you want to do, like chat with new people and share your content knowing that your data will be secure. Below is a table to explain Quack’s cookie functions and why they’re used.

Our use of cookies and local share devices, including the specific cookie names, may change over time, but will generally fall into the above categories. We will notify you of any important changes to our use of cookies and local storage devices. If you would like to know more about cookies, including flash cookies/local storage devices, and/or how to disable them the following websites provide useful information:

• www.allaboutcookies.org
• www.youronlinechoices.eu
• http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html

Changes to the Privacy Policy

Any changes to this Privacy Policy or to the purposes for processing your data will be communicated to you by means that are reasonable, such as by email or a notification on our app. To the extent permitted by law, changes will be effective from the day after publication, unless we let you know otherwise. To the extent permitted by law, your use of our site/app after the Privacy Policy has been updated means you consent to the changes, where applicable.

This Privacy Policy was last updated on 29 March 2021.