Privacy Policy

Last Updated: March 12, 2019

Home Privacy Policy

Penny Ventures, LLC d/b/a Quackle (we) are committed to protecting your personal data and respecting your privacy.

Introduction

This policy (together with our end-user license agreement as set out at iOS EULA or Android EULA
(EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

  • Quackle mobile application software (App) available on our site (App Site), once you have downloaded a copy of the App onto your mobile telephone or handheld device (Device).
  • Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Service Sites), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies. This policy states the basis on which any personal data we collect from you, or that you provide to us, will be proceeded by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

Important information and who we are

Purpose of this privacy policy

Penny Ventures, LLC d/b/a Quackle is the controller and responsible for your personal data (collectively referred to as “Quackle,” “we,” “us,” or “our” in this policy).

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact the data privacy manager using the details stated below.

Contact details

Our full details are:

  • Full name of legal entity: Penny Ventures, LLC d/b/a Quackle
  • Name or title of data privacy manager: Chief Privacy Officer
  • Email address: privacy@quackle.com
  • Postal address: 3803 Gulf Blvd, St. Pete Beach, Florida, 33706, United States of America

If you reside in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). If you reside within the EEA, you have the right to make a complaint at any time to the appropriate supervisory authority for your country of residence. See http://ec.europa.eu for those details.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on March 12, 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third-party links

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

 

The data we collect about you

We may collect, use, store, and transfer different kinds of personal data about you as follows:

  • Identity Data.
  • Contact Data.
  • Transaction Data.
  • Device Data.
  • Content Data.
  • Profile Data.
  • Usage Data.
  • Marketing and Communications Data.
  • Location Data.

We explain these categories of data here.

We do not collect any Special Categories of Personal Data about you (this include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

 

How is your personal data collected?

We will collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App’s social media functions, enter a competition, promotion, or survey, or interact with a creator and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
  • Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content, and Usage Data. We collect this data using cookies and other similar technologies. Please see our Cookie Policy for further details.
  • Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
  • Information we receive from other sources including third parties and publicly available sources. We will receive Transaction Data from providers of payment services based outside the EU.
  • Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Cookies

We use cookies or other tracking technologies or both to distinguish you from other users of the App, App Site, the distribution platform (Appstore) or Services Sites, and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies we use, the purpose for which we use them, and how you can exercise your choices regarding our use of your cookies, see our Cookie Policy.

 

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform the contract we are about to enter or have entered with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Purposes for which we use your personal data

Purpose/ActivityType of dataLawful basis for processing
To install the App and register you as a new App userIdentity, Contact, DeviceYour consent
To verify your age and identity (for creators only)Identity, Contact, Device, LocationYour consent. Performance of a contract with you. Necessary for our legitimate interests.
To process in-App purchases and deliver Services including managing payments and collecting money owed to usIdentity, Contact, Transaction, Device, Marketing and Communications, LocationYour consent. Performance of a contract with you. Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you including notifying you of changes to the App or any ServicesIdentity, Contact, Profile, Marketing and CommunicationsYour consent. Performance of a contract with you. Necessary for our legitimate interests (to keep records updated and to analyze how customers use our products/Services). Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions).
To enable you to partake in a prize draw, competition, or complete a surveyIdentity, Contact, Device, Profile, Marketing and CommunicationsYour consent. Performance of a contract with you. Necessary for our legitimate interests (to analyze how customers use our products/Services and to develop them and grow our business).
To administer and protect our business and this App including troubleshooting, data analysis, and system testingIdentity, Contact, DeviceNecessary for our legitimate interests (for running our business, provision of administration and IT services, network security).
To deliver content and advertisements to you. To make recommendations to you about goods or services which may interest you. To measure and analyze the effectiveness of the advertising we serve you. To monitor trends so we can improve the App.Identity, Contact, Device, Content, Profile, Usage, Marketing and Communications, LocationConsent. Necessary for our legitimate interests (to develop our products/Services and grow our business).

Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes stated in the table (Purposes for which we will use your personal data):

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

 

International transfers

We are based in the United States of America. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. Where we do so, and where we are required to under local law, we will put in place appropriate mechanisms to ensure that your personal data receives an adequate level of protection where it is processed.

If you are located in the European Economic Area (EEA) or United Kingdom (UK), your personal data will be processed outside of the EEA or UK, including, for example, in the United States, so processing of your personal data will involve a transfer of data outside the EEA or UK.

Whenever we transfer your personal data out of the EEA or UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way.

We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5) and other technology.

Certain Services include social networking, chat, comment, or timeline features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected, or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, and Transaction Data) for seven years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see accessing and correcting your personal data and your EEA/UK legal rights below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If you do not use the App for a period of one year, we will treat the account as expired and your personal data may be deleted.

 

Accessing and correcting your personal data

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an email at privacy@quackle.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your user contributions from the App, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users. Proper access and use of information provided on the App, including user contributions, is governed by our Terms-of-Service Agreement and Creator Agreement
.

California, Canadian, EEA, and UK residents may have additional personal information rights and choices. Please see below for more information.

 

Your California privacy rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s "Shine the Light" law (Civil Code Section 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@quackle.com.

 

Your Canadian privacy rights

We comply with Canadian Federal and Provincial privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act.

We will only use your personal information for the purposes intended and as detailed in this policy unless we have obtained your consent to use it for other purposes.

Residents of Canada are notified that the personal data they provide to Quackle is stored in its databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.

You may withdraw your consent to our personal data collection, use, or disclosure, subject to legal and contractual restrictions.

You have the right to complain about our personal data handling practices.

If you need to contact us about your personal data or believe that we have violated your privacy rights, please contact us at privacy@quackle.com. You may visit www.priv.gc.ca for more information about your privacy rights.

 

Your EEA/UK legal rights

If you reside in the EEA or UK, under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Please click on the links below to find out more about these rights:

You also have the right to ask us not to continue to process your personal data for marketing program.

You can exercise any of these rights at any time by contacting us at privacy@quackle.com.

 

Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed, and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

 

Third parties

External Third parties

  • Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, government requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to that information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts.

Your EEA/UK Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data's accuracy;
  • Where our use of the data is unlawful but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Description of categories of personal data

  • Identity Data: first name, last name, username or similar identifier, date of birth, gender, government-issued photo identification, and social security number/tax identification number.
  • Contact Data: postal address, email address, and telephone numbers.
  • Transaction Data: includes details about your E-Wallet balance, details about payments from you, and details of in-App purchases.
  • Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, and IP address.
  • Content Data: includes information stored on your Device, including login information, photos, videos, or other digital content, and access to camera, microphone, photo gallery, and keychain.
  • Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback, and survey responses.
  • Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including traffic data and other communication data and the resources that you access.
  • Marketing and Communications Data: includes your preferences in receiving marketing from us and your communication preferences.
  • Location Data: includes your current location disclosed by GPS technology and IP address, as well as information about proxies.