Privacy Policy

Effective date: February 5, 2021

This updated Privacy Policy applies to anonymous visitors, members, and all users of our website, and is part of our Terms of Service.

By using our website, you agree that your personal information that you provide directly to us, or that we collect through your use of the website, may be transferred to and stored in the United States and handled as described in this Policy.

Information You Provide Through Your Account

This is information that you provide to us through text fields, such as your name, payment information and benefits. The information we collect differs depending on if you make an account or become a member.

  • First and Last Name
  • Email Address
  • Username
  • Password
  • State and Country of Residence

You also have the option to add more information to your public profile, such as a location, social media links, and an about section, which we store along with any comments or messages you submit on our website.

Members

A member is someone who joins our website’s private membership area to access members only content. As a member you may have to provide your payment information to our payment processors, depending on your membership level. You can see the privacy policy for these payment processors on the Paypal and Stripe websites. At this time, our website does not receive your full card number. Payment processors provide us with a token that represents your account, your card’s expiration date, card type and the last four digits of your card number. If you are required to provide your name and email address to the payment processor, then they also provide us with that information.

We collect and process information abut what membership level you have. If you select a membership tier with a physical benefit, then you will provide your shipping information, including phone number, so the creator or our website can ship you the benefit, or provide updates related to the shipment.

Additional Information We Collect

Automatically Collected Information

We collect information automatically as you navigate the site or through our third party analytics providers. We may store usage information such as the type of device you use to access our website, your operating system, browser type, IP address, and device ID, the pages you visit or request, links clicked, referring sites, user interactions and your search terms. We also derive your location from your self-disclosed country, your IP address, and from your payment card.

Forums and Messaging

When you participate in a forum, we collect the comments you make as well as record how many times users visit, the activity on the site, where users have replied, with whom they’ve communicated, private messages, IP address, and from which location the user was last logged in. We use Discourse and Discord to help us host and operate our Forums. This means that they may access your information to help provide the Forum. You can find their privacy policies hyperlinked above.

User Surveys

From time to time, we may solicit your participation in user surveys. We may ask you demographic information, including information related to your gender, ethnicity, race, age, sexual orientation, earnings, and accessibility to better understand and serve our user base which you may elect to share or not. We collect such information to ensure we provide fair and equal access to our services. To the extent that you participate, we will store your survey responses.

Event Information

At in-person and online events, we may request information from you. This is done to better tailor the event experience to those in attendance. This information may include your name, email address, payment details, mobile phone number and QR code, demographic information, social media and other online accounts you maintain, details around the types of works you create, and survey or feedback responses.

Blogs

We may collect and store your email address, your comments, and your profile information from our blog posts to better understand your interests and improve our services to you.

Information Collected by Third Parties

Cookies

We use Cookies on our website that collect information to allow us and third parties to understand your use of our website. Please see our cookie policy for more information on our use of cookies on our website.

Social Media Features and Widgets

We use social media features, including the Facebook Like button and widgets, such as the Share button or similar interactive mini-programs that run on our website. If you provide your social media information to us, we may use it to interact with you on these social networks. These features may collect your IP address and other personal data including which page you are visiting on our site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company providing it. For more information on the technologies used by these social networks, please refer to their specific privacy notices. We have provided links to the most used social networks below for easy reference:

Facebook: https://www.facebook.com/about/privacy/
Twitter: https://twitter.com/privacy
YouTube: https://policies.google.com/privacy
Instagram: https://help.instagram.com/155833707900388
Twitch: https://www.twitch.tv/p/legal/privacy-notice/

How We Use Your Information

We process your information to:

  • verify your identity to comply with US federal, state, and international laws
  • allow you to sign in to your account
  • allow you to access a paid membership level on our website
  • process membership payments and payouts
  • send merchandise to your shipping address
  • send you emails relevant to your usage, as controlled by your email preferences
  • reply to your questions
  • provide to you existing and enhanced services related to your our website account
  • market our website products and services to you or to audiences similar to you based on your networks and common factors that others
  • have with you, unless you opt out, as controlled by your email preferences
  • understand how you use the service, and create better tools to serve members
  • conduct research and development to improve our website and develop future products
  • prevent fraud and abuse on our website
  • provide you with reasonable accommodation, if you notify us of a disability

Information We Share with Third Parties

We never sell your information to third parties. We will only share data with third parties, other than with creators, under the following circumstances:

  • with your consent, to creators’ service providers, to deliver benefits, such as to ship packages to you. You should read these service providers’ privacy policies to see how they use and share your data.
  • with our service providers, who are companies that are contractually engaged with us to provide us with services, such as order fulfillment, email management, analyzing data trends, credit card processing, multi currency settlement solutions, increasing our brand awareness and user engagement with marketing initiatives, and fraud detection and prevention. These companies may have access to your data to perform their services, and are obligated by contract to safeguard any of your data they receive from us to the same extent that our website protects it.
  • to protect the security or integrity of our website, and to protect the rights, property, or safety of our website, its employees, users, or others, if we believe that disclosure is reasonably necessary to comply with a law, regulation, or other valid legal process (e.g., subpoenas or warrants served on our website). If we are going to release your data, we will do our best to provide you promptly with notice by email, unless we are prohibited by law from doing so.
  • in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company receives your data. The promises in this privacy policy apply to any data transferred to a new entity.
  • with third party apps used to help run our membership programs.

Information We Share with the Public

The following information may be publicly accessible:

  • your profile, and your social media links and location if you add that information
  • any posts, likes, or comments you make
  • your aggregated or anonymized usage data in blog posts, press releases, or in other ways to share information about our website’s usage. Aggregated or anonymized data cannot be linked back to any individual website user
  • number of members

Your Preferences and Rights over Data

Choosing Your Preferences

The Settings link is located by clicking on your avatar or profile at the top right hand of your screen, after your log into your our website account. Settings lets you see your account preferences. You can see and adjust your settings by viewing your preferences and, if you wish, by changing your selections.

Marketing Activities

By agreeing to our terms of use, you expressly agree that our website may:

  • provide you with information about your service, service enhancements, or new our website products, while you are on our web site or using our apps.
  • send you messages regarding your existing service, or enhancements related to your existing service, when you are off our website, via email, or via text, if you have signed up for a service or event notification that uses text messages.
  • send you messages related to services we provide which are separate from your existing service via email, from which you may opt out.
  • market our website to you and audiences similar to you based on your networks and common factors that others have with you, unless you opt out.
  • send you marketing emails or texts if you don’t have a our website account but have consented to receiving such messages, from which you may opt out.
  • ship physical items to you via mail as part of a promotional activity.

Opting out of Marketing

You may object to the use of your data for marketing purposes at any time, free of charge, when we collect your personal information and in every marketing communication. 

Opting out will stop marketing emails. Please allow up to 30 days for your opt-out request to be processed. If you have an account with our website, you will continue to receive service-related emails, and texts, if you have opted into receiving texts. You will also continue to receive service-related shipments of benefits to the designated delivery address.

We will never sell your information to third parties for marketing purposes without your prior consent.

Accessing, Updating or Exporting the Information in Your Account

You can access and update certain information associated with your account on the settings pages.

Deleting Your Account

Please email us directly at requests@quackatoa.com to request account deletion.

Turning off Email Notifications

You can change your email notifications in your email settings. While this allows you to stop many notification emails, we will still send some critical service emails.

Turning off Mobile Notifications

If you download the our website App you may also receive notifications on your mobile device. These can be disabled in the App settings.

Verification of Requests

Users maintain password protected accounts with our website. If you submit a request to exercise your privacy rights, you will be asked to verify the request by logging into your our website account.

If we are unable to verify your request, then for your protection, we reserve the right to deny the request.

Compliance with EU Privacy Laws

Our website is an international company that complies with the General Data Protection Regulation (GDPR). We act as Data Controllers, as defined under the GDPR, and process personal data based on our legitimate interests, and for contractual necessity in providing you the Service as described in “How We Use Your Information.” We also process and share personal information based on notification and users’ consent, which our users may revoke at any time.

Our website relies on various legal bases to lawfully execute international transfers of personal information, including the European Union Commission approved standard contract clauses.

Our website is responsible for the processing of personal information it receives or subsequently transfers to a third party acting as an agent on our website’s behalf.

With respect to personal information received or transferred, our website is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Exercising Your Data Rights

Users in certain locations may have certain rights under the General Data Protection Regulation (GDPR) or under the California Consumer Privacy Act (CCPA) regarding data that our website controls as a Data Controller as defined under the GDPR, including:

  • the right of access to their personal data,
  • the right to correct or rectify any inaccurate personal data,
  • the right to restrict or oppose the processing of personal data,
  • the right to erase or delete their personal data,
  • the right to personal data portability, and
  • the right to opt-out of the sale of personal information.

You can exercise rights over your data on our website in the following ways:

  • accessing, reviewing, modifying, and updating your data by logging into your account at our website and going to your account settings.
  • viewing our privacy policy or viewing our data practices by going online to our our website Privacy Center, where the Data Practices tab describes how we use your data, and the Policies tab shows you our privacy policy.
  • downloading your data to port it, or deleting your data altogether, by clicking on the “Take Control” button at the our website Privacy Center.
  • deleting a previously-disabled account by emailing our website at requests@quackatoa.com.
  • opting out of marketing by entering your email address at this opt out link.
  • going to FAQ support online for data-related issues.

If you are unable to log into your account, and are unable to recover your account with a password reset in order to lodge your privacy request, then you may reach out to requests@quackatoa.com. We reserve the right to decline you access to or recovery of your account, at our discretion, to prevent an unauthorized takeover of your account.

Account Holders with Disabilities

Our website is committed to accessibility for its account holders with disabilities. If you are having difficulty accessing your account, please email us at requests@quackatoa.com for assistance.

Contacting our Data Protection Officers

If you have privacy concerns or questions, you can contact us via email at requests@quackatoa.com.

Prohibition against Discrimination

We do not discriminate against users who exercise their privacy rights.

Our Data Retention Period

We retain your account information for up to ten years after your account is last active, unless you delete, or you request us to delete, your account. We may continue to retain some information, even after you delete your account if we are required to do so in order to comply with various laws.

Security

The security of your personal information is important to us and we follow industry standards to protect it.

Children

Our website is not directed at children under the age of 13, and children may not create an account or otherwise use our website.

Changes

We may sometimes make changes to this policy. If we make material changes that adversely affect your rights under this policy, we will let you know by posting an announcement on the site or sending you an email in advance of the changes coming into effect. Continuing to use our website after a change to this policy means you accept the new policy. If you have any questions, please email requests@quackatoa.com.

Effective immediately for existing users and users joining our website on or after February 5, 2021.

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