Last Updated: 19 December 2018
2. INFORMATION WE COLLECT ABOUT YOU QUACK
2.1 Registration; Features; Communications.
In order to access or use the Services and any content, features and functionality thereof (e.g., account registration, creating/growing your Circle, messaging/networking features, purchases, promotions, etc.), we may require that you provide certain Information, which may include, among other things, your name, email address, profile information, gender, date of birth, work and educational background, location, your mobile phone number and contact list or address book (and the information contained therein) stored on your Device (as further described below) or third-party site /or on our affiliates’ sites and other descriptive information, and, in order to conduct fee-based transactions and other activities, your payment data (e.g., payment card data, billing address, PayPal account details, etc.), demographic information, authentication data and other information. Further, access to or use of certain content or features of the Services may be subject to Additional Terms or Rules, as the case may be, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize or allow you to use these Services. In addition, we may send you messages or notifications to provide you with up-to-date information and other news about the Services, and to promote events, content, initiatives, programs, products and services offered by us, our business/organizational partners, services providers and other third-parties, which may require that you share, among other things, information such as your name and email address, [account information for other sites that you use such as Facebook], your age, interests and other profile information.
2.2 Automatic Information Collection; Automated Processing.
When you access or use the Services, we automatically collect certain Information, such as a unique device identifier assigned to your Device (“UDID”), anonymous identifiers, your IP address, location data (e.g., zip code, GPS-based location information, longitude/latitude, etc., if you have chosen to “opt in” to sharing your location data via settings in the App or on your Device, or in response to a notification from us) and other Information regarding your access to or use of the Services, which may, among other things, assist us in authenticating your usage or device, keeping track of your preferences and creating a more tailored user experience.
In addition, the Services and third-parties may use “cookies” (which are small electronic files containing information about you and your activities that are stored on your Device (e.g., html files, Flash files, etc.), “persistent cookies”, “local storage objects”, “embedded scripts”, web beacons and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Information automatically as you use, access or otherwise interact with the Services. Tracking Technologies enable us, among other things, to track your use of, access to and interaction with the Services, and target your interests to enhance your experience with the Services, including, but not limited to, by making additional features, products and services available to you. We may also use Tracking Technologies to collect “clickstream” data, such as your Device type, operating system and platform, the average time spent using the Services, content viewed and searched for, statistics related to your clicks on links to third-party sites, access times, location of usage and other relevant statistics, and may assign unique identifiers to your Device or other credentials you use to access or use the Services for the same purposes.
We may associate the information obtained through our use of these Tracking Technologies and your UDID, anonymous identifiers and other identifiers and data with your Personal Information so we can better customize your experience using the Services and provide personalized recommendations, among other things, to help you grow your Circle, to share advertisements, promotions, features, products, services and other content related to your profile, city, or interests, for example. You may have the ability to set certain privacy options on your Device or in the App [or other Services] that limit the provision of certain Information, such as geolocation information, whether by responding to request alerts or notifications that may be presented to you on your Device prior to the collection of the relevant information or by navigating to the settings on your Device and limiting certain functionality (e.g., location services, etc.). Please be aware that that if you limit the collection of certain Information, you may not be able to take full advantage of the Services.
In some instances, our use of your Information may result in automated decisions being taken (including profiling) that affect you. Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without human review. For example, we may use automated decisions to match you with other users that meet criteria that you have specified to us, such as age, gender or location. We may also use data and information about you to recommend new connections. Keeping your [“About Me”] section accurate and up-to-date helps us to make these recommendations more accurate and relevant.
2.3 Advertising Service Providers.
The Services may also use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third-parties (collectively, “Third-Party Advertising Service Providers”) to, for example, serve advertisements on or in connection with Services, facilitate targeting of advertisements or measure and analyze advertising effectiveness on or in connection with the Services and any use thereof. Such services may enable us to display advertisements based on your profile, the people in your Circle, your city, cities that you have visited, photos that you share or topics of interest to you and your corresponding use of the Services and third-party websites, services and platforms you have used or visited. Targeting services enable us to, among other things, avoid a “spammy” experience and help deliver relevant advertisements or other personalized content for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness and appeal of certain advertisements to you.
2.4 EXPRESS CONSENT AND AGREEMENT.
3. HOW WE USE INFORMATION
3.1 We may use your Personal Information for, among other things, the following purposes:
- Providing any information, services or products that you request, may be interested in or purchase on or through the Services, to help you interact with the Quack community, make new connections and grow your Circle, among other things;
- Contacting you regarding the administration of any features or functions of the Services;
- Sending you marketing, promotional and other messages and notifications;
- Allowing you to participate in the support and other features of the Services;
- Responding to your questions or other requests;
- Tailoring your experience with the Services and otherwise customizing what you see when you use the Services, such as content specific to your city;
- Saving your User Account, registration and profile data or other Personal Information (so you are not required to have to re-enter it each time you use or access the Services);
- Storing your User Account, registration and profile data or other Personal Information in the event that you terminate your User Account or discontinue its use, so that you can restore your User Account more easily;
- Where you order information, goods or services, performing credit checking or other authentication where relevant;
- For the prevention and detection of fraud or infringement of our or any third-party’s rights;
- Tracking your use of the Services;
- To comply with legal obligations or legal process; and
3.2 In addition, we may use your Additional Information for, among other things, the following purposes:
- For research purposes, marketing/promotional purposes and to provide aggregate or de-identified data for our clients, business partners, third-party organizations, etc.;
- Collecting and reporting aggregate, statistical information in connection with the Services and user activity;
- Determining which features, functionality and services of the Services are popular to help us operate the Services, enhance and improve the Services and display advertising and marketing information;
- Saving certain Additional Information for your ongoing use of the Services;
- For the uses described for Personal Information above; and
- For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the service requested.
4. MANAGING YOUR PRIVACY SETTINGS
4.2 Marketing and Promotional Communications.
From time to time, you may be presented with the option of whether to receive, or you may be automatically entered to receive, certain marketing, promotional or other communications from us and others that we think will be of interest to you. You can unsubscribe to receive certain such communications by either following the specific instructions included in such communications or you may “opt out” of receiving certain marketing and promotional emails from us by sending an email to us at email@example.com detailing your privacy request. Please note that “opt out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information will remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third-parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third-parties. Further, also please note that in order to keep you informed about the operation of the Services, we may always send you emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, but not limited to, for the purposes described in Section 3, in connection with your use thereof. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your messages, emails and other information you submit to us for our internal purposes, and to help us, our service providers, partners, collaborators and affiliates serve you better.
5. WHO WE SHARE YOUR INFORMATION WITH
5.1 Disclosure to Third-Parties.
We reserve the right to [use, share and exchange any of your Information with third-parties] (i.e., Personal Information and Additional Information) for any lawful purpose, including, but not limited to, as may otherwise be described in Section 3, and your access to or use of the Services will be deemed your express, affirmative “opt in” consent to the foregoing. You can choose to opt out of certain such uses as described in Section 4.
5.2 Other Users; Status Updates.
The Services will automatically store, host, share, post, disseminate, disclose and/or publish certain information of yours to other users of the Services. For example, information such as your name, mobile phone number or any information that you include in your “About Me” section on the App is visible to other users. Information concerning your use of the Services and related conduct, information and activities associated therewith (e.g., location, status updates, the timing of your activities related to the Services, such as your last login, etc.) in connection with the Services (collectively, “Status and Activity Information”) will be visible to all users of the Services (e.g., on your profile page, message and feed sections, etc.), not just your Circle, including those users that you have no relationship with, unless you have disabled sharing of certain information within your account settings. However, at a minimum, your name and profile photo will be displayed to all users. Accordingly, you expressly acknowledge, understand and agree that (i) all Status and Activity Information is public and may be globally viewed by all users of the Services; (ii) you have no expectation of privacy in any Status and Activity Information; and (iii) no confidential, fiduciary, contractually implied or other relationship is created between you and Quack by reason of your Status and Activity Information being made available in any area of or in connection with the Services.
We may, from time to time, make certain settings available to limit the sharing, availability or public nature of certain specific Information, and if we do elect to do so and you properly designate your preferences using such settings, then we will honor the choices you make about who can see certain specific Information (e.g., the accessibility and sharing of certain information only within your Circle, as opposed to all users of the Services, etc.). You acknowledge that any Information that you post or submit via the Services may be publicly-viewable and accessible, by users and non-users of the Services. We recommend that you exercise caution in sharing any sensitive information via the Services.
5.3 Co-Branded Services and Features.
5.4 Service Providers.
We will provide and disclose your Information to affiliates, operators, services providers and other third-parties for the purpose of proving, offering, supporting, administering and maintaining the Services, and providing the full range of content, activities, services, features and functions offered on or in connection with the Services other features, functions and operations in connection therewith (collectively, “Service Providers”). In particular, we are part of the Badoo group of companies (collectively, and together with our affiliates, the “Badoo Group”). As part of the Badoo Group, Quack receives information from, and shares information with, the Badoo Group. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market the Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how the Services or theirs are used, helping us provide a way for you to connect with businesses, and securing systems. We also share information to fight spam, threats, abuse or infringement activities and promote safety and security across the Badoo Group products. Badoo will not use your Quack messages for any purpose other than to assist in operating and providing the Services.
5.5 Additional Disclosures.
5.6 Corporate Transactions.
In the event that (i) we sell or transfer all or a part of our business, organization or assets (or those of an affiliated company, organization or initiative including, but not limited to the Badoo Group) or (ii) we are otherwise involved in a bankruptcy, merger, joint venture, acquisition, stock sale, consolidation, spin-off, divestiture or any other similar or related transaction, we may freely transfer, assign and otherwise provide your Information to the party or parties involved in the transaction as part of that transaction without restriction, notice or other obligation to you.
We do not knowingly collect information from people under 13 years of age. No information should be submitted to or otherwise made available on or through the Services by individuals under 13 years of age.
While no data transmission over the Internet is 100% secure from intrusion, we maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third-parties may unlawfully intercept or access transmissions, information or private communications over an unsecured transmission. You should take steps to protect against unauthorized access to your password and mobile phone by, among other things, choosing a robust password that others do not know and cannot easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
8. UK AND EU RIGHTS
Under UK and EU law, UK and EU users may have certain additional privacy rights, such as the right to lodge a complaint with data protection regulators, and the Information Commissioners’ Office.Contact details for data protection regulators in the European Economic Area are available at http://www.google.com/intl/en/policies/
We may use persistent cookies, which will help us to ensure we have identified the same device is logging into the correct account. These types of cookies also help with our anti-spam measures and may help us to prevent phishers, scammers, unauthorised log -in attempts to your account and accessing any hacked accounts.
In some cases, the site feature you choose may allow a third party to place cookies or local storage devices on your computer. The third party who places cookies on your device is responsible for how they process their data and Quack recommends that you read their privacy policies. Third parties who place cookies on your device when you use Quack include, and we have included a link to their privacy policies:
8.7 Other Uses of Personal Data.
We may use material that you post on the open access areas of the Services in advertising and promotional materials on our partner sites and partner products. We believe these uses are in line with our legitimate interests in enabling us to improve our Services and better tailor your online experience to meet your needs. If we intend to do this, we will contact you for your prior approval. We use your personal data to resolve disputes, troubleshoot problems and enforce the Terms of Service.
8.8 Legal Basis for Processing Personal Data.
For users subject to UK or EU law, the following chart describes our legal basis, in each instance, for processing your personal data:
|Purpose for which data is used||Data||Legal basis|
|To provide you with the App and the Services||Name, email address, date of birth, gender, age, photo, mobile phone number, contact list or address book entries, location||Contractual necessity|
|To help you communicate with other users, grow your Circle, and take advantage of the Services||Optional information that you choose to provide in your profile, which may include information about yourself, your work history, or your education, additional photos etc.||Consent|
|To verify your identity and prevent fraud and to ensure the safety and security of users||Mobile phone number||Legitimate interests – it is in our legitimate interests to ensure that accounts are not set up fraudulently and to safeguard users of the Services|
|To take payment for premium services||Payment card details||Contractual necessity and legitimate interests – we have a legitimate interest in receiving payment for our premium services|
|To serve targeted advertisements to users of the Services||Demographic and location information||Legitimate interests – it is in our legitimate interests to target advertisements so that users see relevant advertisements and to allow us to generate income from advertising revenue|
|To send you marketing information about our offers and services||Email address, mobile phone number, account information||Legitimate interests – it is in our legitimate interests to promote our products and services|
|To carry out research and analysis to help us improve the Services||Log and usage data, including IP address, traffic statistics, clickstream data, mobile carrier and search terms||Legitimate interests – it is in our interests to analyze the way in which users are accessing and using our services so that we can further develop and improve the Services|
|To respond to correspondence and queries that you submit to us||Mobile phone number, account information, email address and IP address||Legitimate interests – it is in our legitimate interests to respond to your queries to ensure that we provide a good service to users and troubleshoot problems|
9. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third-parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third-parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by email to firstname.lastname@example.org detailing your privacy request. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via phone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete or legible information.
10. HOW QUACK WORKS WITH THIRD-PARTY PLATFORMS AND SERVICES
12. ACCURACY OF YOUR INFORMATION
13. INTERNATIONAL USAGE
While the Services are intended for use within the United States, Quack is a global app operating through servers located in a number of countries around the world, including, but not limited to, England and the United States. By using the Services, you acknowledge that: (i) if you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence and (ii) if you visit, access, interact with or otherwise use the Services from a location outside the United States, any Information you provide in connection with any such activity may be processed in or transferred to the United States of America or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services. By using the Services, you affirmatively consent to the transfer, use, disclosure, provision, and other administration of your Information as described herein.
14. CONTACT US
15. SOLE STATEMENT