- 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 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 13?
- Who does Quack share information with?
- Your rights
- Your California privacy 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 the UK or the US, you must be aged 13 or over to sign up for a Quack profile. If you are not in the UK or US, depending on where you live, you may need to be older. You can only use Quack if you are allowed to do so by law.
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 13 or over (don't lie about your age – that's an important rule).
How is my personal information used by Quack to provide the Quack services to me?
Quack is a messaging app that allows users to message and send photos to their contacts who have also downloaded the Quack app. When you sign up to Quack, the app will access 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.
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 (which doesn’t need to be your real name), and any information that you have voluntarily added to the “About” and “Work and Education” sections or 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:
- iPhone app — settings, privacy, location services, Quack
- 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 and update 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, you can contact Quack’s Customer Support Team at firstname.lastname@example.org
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 data”. This includes information about your religious beliefs, your ethnic origin, your political opinions, your health, your sexual orientation and sex life. You may decide to voluntarily provide this type of information in your profile. Please remember that any photographs that you post on Quack may reveal these kinds of special category 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.
To prevent abuse of the app/site, Quack uses automated decisions to block accounts 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 Terms & Conditions. If an account or message meets certain criteria that demonstrate that the Terms & Conditions are likely to have been breached, the relevant account 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.
Quack also uses automated decisions to prevent fraudulent payment transactions being processed as part of its anti-fraud procedures. In order to do this, our systems check payment transactions for behaviour that indicates breaches of our Terms & Conditions. If a transaction meets certain criteria that demonstrate that the Terms & Conditions 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 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. The table below provides an overview of the legal bases that Quack relies on to use your data. Where the legal basis is consent, you can withdraw consent at any time. Where the legal basis is legitimate interests, you have a right to object to our use of your data. We explain in the relevant sections in this privacy notice how you can withdraw consent or opt-out of certain data uses (where applicable).
|Purpose for which data is used||Data||Legal basis|
|To provide you with the Quack app and the Quack services||Name, date of birth, gender, photo, mobile phone number, contact list or address book entries||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 send you marketing information about our offers and services||Mobile phone number, account information||Legitimate interests – it is in our legitimate interests to promote our products and services|
|To show city location information to you and other users||Location data when you use the Services||Consent|
|To show you users near you and for you to appear as nearby other users||Location data (Bluetooth) when you use the Services||Legitimate interests – it is in our legitimate interests to make this function available to users as part of the Services|
|To take payment for fee- based services and to process cash-outs||PayPal ID, name, address||Legitimate interests – it is in our legitimate interests to make this feature available to users as part of the Services and to promote our products and services.|
|To contact you in order to run surveys for research purposes and to obtain feedback||Email address and mobile phone number||Legitimate interests – it is in our legitimate interests to make this function available to users as part of the 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 legitimate interests to analyse 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|
|To block accounts as part of our anti-spam procedures||Email address, phone number, IP address and IP session information, username, user agent string||Legitimate interests – it is in our legitimate interests to prevent unauthorised behaviour and to maintain the safety and security of our services|
|To block payment transactions as part of our anti-fraud procedures||Name, IP address,email address,mobile number, cardholder name, payments received, type of payment, user ID, country||Legitimate interests – it is in our legitimate interests to prevent unauthorised behaviour and to maintain the safety and security of our services|
How long will Quack keep my data?
We keep your personal information only as long as we need it for legitimate business purposes (as set out above) and as permitted by applicable law.
In practice, we delete or anonymise your information upon deletion of your account (following the safety retention window), unless:
- we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
- there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
- the information must 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.
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. 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 13?
Quack does not knowingly collect any information about or market to anyone under the age of 13. If we become aware that somebody who is under 13 years old 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.
We share your data with the following categories of third-parties:
- Information technology companies (hardware and software) which provide services to support our products
- Fraud prevention and anti-spam providers to protect the service from criminal activity
- Moderators to monitor activity on the site/apps and approve content
- Law enforcement agencies, where we are required to by law or to protect the vital interests of a person
We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy. Measures are taken to ensure that the data shared is non-attributable 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.
Under UK and EU law, you have the right to lodge a complaint with data protection regulators. Quack has its main office in the UK and the Information Commissioners’ Office (ICO) is our lead regulator. You can find out how to raise a concern with the ICO by visiting their website at www.ico.org.uk. If you’re within the EU, you may also get in touch with your local Data Protection Regulator who may liaise with the ICO on your behalf.
You have a number of rights under European Data Protection law.
- Right to be informed: what personal data an organisation is processing and why (we provide this information to you in this notice).
- Right of access: you can request a copy of your data.
- Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
- Right to erasure: you have the right to have your data deleted in certain circumstances.
- Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
- Right to data portability: you can request a copy of your data in a machine-readable form that can be transferred to another provider.
- 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.
- 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.
Your California privacy rights
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 email@example.com.
From time to time we may disclose your contact information to third parties to allow them to market their products or services to you or for other marketing purposes. This may be information we received from you offline and online. If you want us to stop further sharing your email contact information with third parties (if we have your email contact information), you may notify us at firstname.lastname@example.org. Please follow the instructions provided to you by third parties to unsubscribe from their messages. If you have opted-out as described above, and thereafter you choose to use a service or promotion that requires us to contact you or share your information with a third party, then your previous opt-out preferences will not apply to such service.
In addition, 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.
How does Quack protect my personal data?
Quack has implemented appropriate security measures 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 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 from the UK or the European Union to other countries, we ensure that the data is adequately protected by ensuring that valid, legal mechanisms are in place such as: EU approved model clauses (which can be found here), US privacy shield certification (more information can be found here) – please note that Quack is not Privacy Shield certified but we may pass information to third party service providers who are based in the US and who are Privacy Shield certified); and implementing robust contractual standards. If you want more information relating to the nature of the safeguards we have in place please email DPO@quackapp.com.
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) for 6 years 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 Terms & Conditions.
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 access your hacked account. We do not use any information whilst you are logged off.
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.
- 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.
|Cookie Functions||Cookie Purposes|
|Authentication||These cookies help us to identify our members so that when you’re logged in, you can enjoy Quack’s offerings, experiences and various features, such as uploading photographs and chatting or when you’ve asked Quack to ‘remember me’. These cookies also help to remember who invited you to join Quack.|
|Security and site integrity||
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.
|Site features and services||
These cookies and local storage devices provide the functionality that our Quack users enjoy, such as uploading of photographs, chats and your account settings.
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 the following, and we have included a link to their privacy policies:
|Performance||We need to use certain cookies and local storage devices to ensure our members have the best possible experience, such as assisting with your navigation of our site, ensuring pages load up quickly and respond faster to your requests for Quack services.|