Privacy Policy

Quake Media Privacy Policy

Effective as of: June 4, 2020

Quake Media Inc. (“Company,” “we,” “our” or “us”) understands that privacy is important to our users (“you” or “your”). This Privacy Policy below discloses our practices regarding our collection and processing of data through our website located at www.quakemedia.com (the “Website”) and the Quake Media app (the “App”, together with the Website, the “Service”).

Overview:

  • We collect information from users of our Service when it is voluntarily provided by the user (see Information We Collect).
  • We automatically collect information from users of our Service for analytical purposes (see Information We Collect, and Cookies and Other Tracking Technologies).
  • You can control certain uses of your information (see Your Rights, Choices, and Opt-Out).
  • We will not use or share your information except as described in this Privacy Policy.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this Privacy Policy, you should not use the Service. By accessing or using this Service, you agree to this Privacy Policy.  If you have questions or would like to contact us for any reason, you can always contact us using the information in the section below titled “Contact”.

Information We Collect:

Personally Identifiable Information. You are not required to register or provide any Personally Identifiable Information in order to browse our Service and learn more about our company, our products, and our technology.  We do not collect Personally Identifiable Information unless you submit that information to us through the Service, such as when you choose to subscribe to our newsletter or otherwise provide information directly to us or interact with us on the Service. “Personally Identifiable Information” is information that specifically identifies you.  For example, the categories of Personally Identifiable Information we collect may include:

  • Identity data such as your first and last name and username
  • Contact data such as your email address and telephone number
  • Financial and transaction data such as your payment card details, details about payments to and from you, and products and services you have purchased from us

Cookies and Other Tracking Technologies. We or our third party partners may store some information on your device or device hard drive as a “cookie” or similar type of file (such as clear gifs, pixels, web beacons, tags, and similar technologies) to collect technical and usage data related to the use of the Service and for the purpose of facilitating and enhancing your communication and interaction with the Service. We may also use similar technologies that work on mobile devices. The data collected may include, without limitation, the address of the websites you visited before and after you visited the Website, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on, and IP-geolocation data. We use this information to help us maintain and enhance the efficiency and usefulness of the Service and may use it and other non-Personally Identifiable Information for the purposes described in this Privacy Policy. Cookies and similar items are not used by us to automatically retrieve information that can specifically identify you without your knowledge.  However, some of the information we collect may include data, such as IP address data or the identifiers associated with your device that are unique to your computer or device (e.g., IDFA for iOS and Android ID for Android).

Please be advised that certain third parties that are beyond the scope of this Privacy Policy may collect information in connection with the Service. We are not responsible for the acts or omissions of such third parties. For example, we use Google Analytics to understand how visitors interact with our Website. The type of information Google collects include pages visited, videos viewed, etc. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. For more information, learn how Google uses data when you visit their partners’ sites or apps. You can opt out of Google Analytics on most browsers through the mechanisms made available by Google here: https://tools.google.com/dlpage/gaoptout.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences and/or device. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Service or some of its functionality may be affected.

Clickstream Data. As you use the Internet, a trail of electronic information is left at each website you visit. This type of technical and usage data, which is sometimes referred to as “clickstream data” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data to determine how much time visitors spend on websites, how visitors navigate throughout websites and how we may tailor our Website to better meet consumer needs. This information will be used to improve our Website. Any collection or use of clickstream data will not intentionally contain any Personally Identifiable Information.

Use and Sharing of Information: We may use or disclose the information we collect for the following purposes:

  • to contact you about our products and services and provide you with our products and services;
  • to allow you to use and interact with our Service;
  • to respond to your direct inquiries;
  • to add you to our mailing lists and send you emails from time to time;
  • to enable our service providers to work on our behalf, including to provide our Service, fulfill user requests, or to process your payment;
  • to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • to carry out our obligations and enforce our rights, including in connection with our Service;
  • to protect the rights, property, or safety of members of the Quake Media community, visitors to our Service, our customers, the public, or our employees;
  • as described to you when collecting your Personally Identifiable Information; and
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by us about our users is among the assets transferred.

Please note that if you specifically consent to additional uses of your Personally Identifiable Information, we may use your Personally Identifiable Information in a manner consistent with that consent. Finally, we reserve the right to use and disclose information that is not Personally Identifiable Information in any manner permitted by law except as otherwise provided in this privacy policy.

Interest Based Advertising – In addition to the above, we may ourselves, or with third party vendors, use non-Personally Identifiable Information in connection with our own or vendor information to deliver targeted advertising to you when you visit other websites or our Service. Cookies, clickstream data, and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “behavioral advertising,” is not based on any Personally Identifiable Information. As a result, we and our vendor know your interests, but do not personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”

Rights, Choices, and Opt-Outs:

Communications: You can opt-out of receiving commercial emails from us at any time by emailing us at support@quakemedia.zendesk.com or by clicking on the unsubscribe link at the bottom of our email. Even if you have unsubscribed from receiving commercial e-mails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them, where permitted by law. Please note that opting out of receiving commercial e-mails will affect only future communications from us.

Cookies: As noted above, if you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Service or some of its functionality may be affected.

Interest Based Advertising: The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain companies that participate in self-regulatory programs.  You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, the opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) at http://www.networkadvertising.org/choices/.

On your mobile device, your operating system may provide you with additional options to opt out of interest based advertising or to otherwise reset your mobile identifiers. For example, you may use the “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.

Do Not Track: Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

California and Nevada Residents: If you are located in the European Union, or are a resident of California or Nevada, please see “Jurisdiction Specific Notices and Rights” for additional rights you have under applicable law.

Third Party Links: As a convenience to you, we may provide links to third party websites, apps or services from within the Service. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites.  When you navigate away from our Service, you do so at your own risk.  We encourage you to read the policies and terms of every website, app or service you visit.

Social Networking Services: The Service may integrate with or make links available to social networking services.  We do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Service, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly. You should be aware that the information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others.  We are unable to control such uses of such information, and by using such services you assume the risk that information provided by you may be viewed and used by third parties.

Data Security: We maintain reasonable security procedures to help protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of the information you provide to us. Please note that no data transmission or storage can be guaranteed to be 100% secure due to the inherent open nature of the Internet. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.

Data Retention: We will retain your information for as long as your account or inquiry is active or as needed to provide you with access to the Service and/or other services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personally Identifiable Information.

Information Relating to Children: Our Service is not intended for children under 18 years of age. No one under age 16 may provide any individually identifiable information through the Service. We do not knowingly collect individually identifiable information from children under 16. If you are under 16, do not use or provide any individually identifiable information on this Service. If we learn we have collected or received individually identifiable information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any individually identifiable information from or about a child under 16, please contact us at support@quakemedia.zendesk.com.

Privacy Policy Updates: We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time by posting the modified policy on this page, provided that any such modifications will only be applied prospectively. We encourage you to periodically review the Service for the latest information on our privacy practices. Your continued use of the Service following the posting of any changes to this Privacy Policy means you accept such changes.

Location: Our Service is maintained in and intended for audiences in the United States of America.  By using the Service, you agree and acknowledge that your information will be stored and used in the USA and other locations for the reasons and purposes set forth in this Privacy Policy.  We also transfer information to service providers that process personal data for us in the USA and other locations. For example, Amazon Web Services process information for us in various data center locations, including those listed at https://aws.amazon.com/about-aws/global-infrastructure/. While in another jurisdiction for processing, your personal data may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction.

Contact: For questions or concerns relating to this Privacy Policy or your information, we can be contacted at: support@quakemedia.zendesk.com.

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JURISDICTION SPECIFIC NOTICES AND RIGHTS

California

California law provides California residents with specific rights regarding their personal information. The California Consumer Privacy Act of 2018 (“CCPA”) defines personal information as information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This section describes the rights that California residents have and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA. Please refer to the section(s) entitled “Information We Collect” and “Use and Sharing of Information” above for more detail about the types of Personal Information collected, the purposes for which and sources from where we collect Personal Information, and the third parties with whom we share Personal Information.

California Specific Rights, Choices, and Opt-Outs: The CCPA provides California residents with specific rights regarding their personal information. The subsections that follow describe the rights that you have under CCPA if you are a California resident and explain how you can exercise those rights.

  1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Right to Know or Delete), and subject to certain limitations that we describe below, we will disclose such information to you. You have the right to request any or all of the following:
    • The categories of personal information we collected about you.
    • The categories of sources from which the personal information is collected.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The categories of personal information about you that we have sold or disclosed for a business purposes and the categories of third parties to whom the information is sold or disclosed.
    • The specific pieces of personal information we collected about you.
  1. Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Right to Know or Delete), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
  1. Exercising Your Right to Know or Delete. To exercise your right to know or delete, please submit a request to us by either:
    1. Visiting www.quakemedia.com
    2. Emailing us at support@quakemedia.zendesk.com

Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person.

For more information about verification, see Response Timing and Format immediately below.

  1. Response Timing and Format.  We will confirm receipt of your verifiable consumer request within ten (10) days and endeavor to respond within forty-five (45) days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

  1. Personal Information Sales Opt-Out and Opt-In Rights.  In the preceding twelve (12) months, we have not sold personal information as we understand that term to be defined under the CCPA and its implementing regulations.
  1. Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights.

Nevada

If you are a Nevada resident, you have the right to request that we do not sell (as defined by N.R.S. 603A) certain personal information that we have collected, or may collect, from you.  We do not “sell” your personal information as defined by N.R.S. 603A, however, if you would like to make such a request you may do so by contacting us at support@quakemedia.zendesk.com