PRIVACY POLICY
This privacy policy (“Policy”) describes how Quiksta, Inc. (“Quiksta,” “we,” “us,” or “our”) collects, protects and uses the personally identifiable information (“Personal Information”) you (“User,” “you,” or “your”) may provide in the Quiksta Classmate mobile application and any of its products or services (collectively, “Mobile Application,” or “Services”).
This Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update that information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
This Policy is incorporated into and made a part of our Terms and Conditions, which may be found here https://quiksta.com/terms-of-service. By using the Services, you agree to this Policy and our Terms and Conditions. If you do not agree with this Policy or our Terms and Conditions, you are not permitted to use the Services.
Automatic Collection of Information
When you open the Mobile Application our servers automatically collect and record information that your device sends. This data may include information such as your device’s IP address, device name and version, operating system type and version, language preferences, information you search for in our Mobile Application, access times and dates, and other statistics.
Information collected automatically is used only to improve our Services, identify potential cases of abuse, and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the Services.
Collection of Personal Information
In this Privacy Policy, and under applicable law, “Personal Information” means any information relating to an identified or identifiable individual; and an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number (e.g., a social security number) or one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity (e.g., name and first name, date of birth, biometrics data, fingerprints, etc.).
If you wish to utilize the Mobile Application’s features, you will be asked to create an account (“Account”) and provide certain Personal Information (for example, your name and e-mail address). When creating a username, you will be permitted to utilize an e-mail address or a username. In any case, we receive, collect, and store any Personal Information you knowingly provide to us when you create an Account. In addition, we will receive, collect, and store all information you provide, which may include Personal Information, if you utilize the Mobile Application to create Content, upload Content (as defined in our Terms and Conditions) share Content, or fill any online forms in the Mobile Application. This information may include the following:
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage the Mobile Application’s features.
Managing Personal Information
As described in this Policy, we may collect and store certain information, including Personal Information, about you. If you would like to edit or have that information deleted, you may request that we edit or delete any such information, by contacting us at info@quiksta.com. Should you request that we edit or delete any information, including Personal Information, then we may retain a copy of the unrevised information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to permanently delete your Account, you can do so by contacting us at info@quiksta.com.
Collecting Content
When you upload, create, or edit certain information to the Mobile Application, like Content, we may collect, store, and process that Content and information about that Content, such as the metadata from the photos or videos (e.g., the time, date and place of the photo or video or Content was created or uploaded to the Mobile Application ) and how you use them on the Mobile Application. In addition, when you upload Content to the Mobile Application from your mobile device, you will be required to grant the Mobile Application access to your device’s camera and storage. You may not be able to utilize all of the features of the Mobile Application without granting such access.
Device Information
We collect information from and about the devices you use.
For example, we collect:
Sharing Content
How your Content is shared depends on your decisions. To share your Content with third parties and other Users, you will need to utilize third party applications on your mobile device (e.g., iMessage and WhatsApp). You will be able to share your Content via your mobile device and those third party applications. When you utilize any third party applications to share Content, you will need to comply with the terms and conditions of those third party applications. Quiksta does not endorse any such third party applications and cannot control the actions or results of those third party applications. In addition, it’s important for you to understand that by sharing your Content with a third party individual, Quiksta cannot control or prevent those third parties from re-sharing your Content with other individuals or in other forums. Be considerate about who you share your Content with. Additionally, we will not share your Content with individuals you do not select.
Sharing Information
We may share information about you with service providers who perform services on our behalf, including to measure and optimize the performance of the Mobile Application. In addition, we may share information about you in the following ways:
We may share information about you as part of a merger or acquisition. If we get involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
We may also share information with third parties that provide services to us or perform business purposes for us aggregated, non-personally identifiable, or de-identified information.
In all cases, Quiksta requires third parties to respect the security and privacy of our User’s Personal Information. As such, we have taken appropriate steps and required third parties to have appropriate security and contractual measures (like encryption and data processing agreements) in place to help ensure that your Personal
Information is always handled in accordance with applicable law and this Policy. However, Quiksta cannot be and is not responsible for how any third party handles or processes your Personal Information.
Storing Personal Information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our Terms and Conditions and other agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, your Personal Information may be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
Use and Processing of Collected Information
In order to make our Mobile Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Mobile Application. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:
Processing your Personal Information depends on how you interact with our Mobile Application, where you are located in the world and if one of the following applies:
(i) You have given your consent for one or more specific purposes. This, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, in accordance with the requirements under applicable law, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
We may also anonymize and de-identify collected information, including Personal Information. As a result, we may use, process, or disclose any such aggregated and/or de-identified information in accordance with applicable law, which does not generally restrict or prohibit the use of aggregated and/or de-identified information. Accordingly, no such use is prohibited by this Policy, and all such anonymized and de-identified information may be used and disclosed to third parties without limitation.
Information Transfer and Storage
Depending on your location, data transfers may involve transferring and storing your information, including your Personal Information, in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.
The Rights of Users
If you are currently a resident of the European Economic Area (“EEA”) you have certain rights related to your Personal Information and you may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances and applicable laws, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances and applicable laws, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
In addition to the rights available EEA residents above, anyone utilizing our Services may have options available under applicable law. If you would like to request to review, correct, or delete Personal Information that you have previously provided to Quiksta, or if you would like to request to receive an electronic copy of your Personal Information in order to transmit the Personal Information to another company (to the extent the right to data portability is provided to you by applicable law), you may contact us at info@quiksta.com. In your request, please specifically state what Personal Information you would like to access. We may require that you verify your identity, in accordance with applicable law, before responding to any such requests. We will respond to and process all requests consistent with applicable law.
If you are a resident of California, under 18 years of age, and are a User of the Services, you may ask us to remove content, information, and/or Personal Information that you have provided to Quiksta by writing to info@quiksta.com.
Please note that your request will not ensure complete or comprehensive removal of the information or Personal Information, as, for example, another User may have accessed or copied your Content, which may contain your Personal Information.
How to Exercise These Rights
Any requests to exercise User rights can be directed to Quiksta at info@quiksta.com. These requests can be exercised free of charge and will be addressed by Quiksta as early as possible.
California Privacy Rights
In addition to the rights as explained in this Privacy Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such Personal Information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.
Privacy of Children
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Mobile Application or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission.
If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Mobile Application or Service, please contact us.
Newsletters
We may offer electronic newsletters to you which you may voluntarily subscribe to. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
Information Security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.
Data Breach
In the event we become aware that the security of the Mobile Application has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will notify you, post a notice in the Mobile Application and/or send you an email as required by applicable law
Legal Disclosure
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Changes and Amendments
We may update this Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will post a notification in our Mobile Application. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Mobile Application or Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of This policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.
Contacting us
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email info@quiksta.com.
This document was last updated on July 20, 2020.
© 2021 Quiksta, Inc - All Rights Reserved Quiksta®
177 Park Avenue, San Jose, California, 95113