QKangaroo PRIVACY AND COOKIES POLICY (last modified on 08 November 2017)[This Privacy and Cookies Policy (the “Policy“) refers to the ‘QKangaroo’ app and websites www.qkangaroo.com, www.qkangaroo.co.uk, www.qkangaroo.eu, www.qkangaroo.ie (the “App“). The App is operated by the business trading as QKangaroo (“we“, “our” or the “us“).]
In this Policy, the term “personal data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).
WHAT INFORMATION DO WE COLLECT?
We fully respect your right to privacy in relation to your interactions with the App and endeavour to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use your details where we have your consent to do so, and where we are legally entitled to do so. Information in relation to personal data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner (“DPC”).
We will handle your personal data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Acts 1988 and 2003 and Directive 95/46/EC, any other applicable law or regulation relating to the processing of personal data and to privacy (including the E-Privacy Directive), as such legislation shall be amended, revised or replaced from time to time, including by operation of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) (and laws implementing or supplementing the GDPR).
We only collect and use individual user details where we have your consent to do so, or it is necessary for the performance of a contract between us and you, or it is necessary for our legitimate interests, and where we are legally entitled to do so under Data Protection Legislation.
HOW DO WE COLLECT INFORMATION FROM YOU?
We collect information about you through four primary sources: (i) information you provide to us; (ii) third party information we collect, (iii) information automatically collected, and (iv) through cookies.
Information you provide to us
We collect personal information about you when you register on the App, and when you otherwise send us information via the internet (including partner websites) or by email. To maintain your account, we collect and store the data of your name, email address, telephone number and store it in our database.
Third party information we collect
We collect personal information and other information about or related to you from Facebook and potentially other third parties (“Facebook Information“) when you connect, register or sign-up for our services (including when you download the App). In such cases you permit us to access this personal information, such as profile information, pictures, information about your friends and likes. The information Facebook allow us to access and collect is affected by the privacy settings you establish with Facebook or such other third parties (and you can control and find out more about these settings by visiting www.facebook.com or the settings of applicable third party websites/apps). The Facebook Information is subject to certain terms and conditions which restrict and proscribe our use, disclosure and protection of your Facebook Information in accordance with the applicable policies on www.facebook.com (or the websites of such other third parties, if applicable).
Automatic collection of Information
We automatically collect session information about your computer when you visit our App. We collect information such as, web browser, IP address, referring website, pages of our App that you visit, the time spent on those pages, information you search for on our App, access times and dates, and other statistics. We use this information to help improve our App’s functionality and to make it increasingly user friendly.
We collect IP addresses from visitors to our App (an IP address is a number that can uniquely identify a specific computer/mobile phone or other network device on the internet). This allows us to identify the location of users, to block disruptive use and to establish the number of visits from different countries. We analyse this data for trend and statistics reasons, such as which parts of our App users are visiting and how long they spend there.
First party cookies:
|Applecore||Better enhancing of our product||N/A|
|Cookie preference||This is a session token, a unique identifier, usually in the form of a hash that is sent from a server to a client to identify the current interaction session. The client browser stores/remember this hash value and sends the token as an HTTP cookie and sends it as a parameter in GET/POST queries. The reason to use session tokens is that the client only has to handle the identifier, all session data is stored on the server.|
|Cross Site Protection||This is a security token used for cross site request forgery. With this token system verify user input to prevent from unauthorise access to the website.|
Third party cookies:
You should also be aware that there are cookies which are found in other companies’ internet tools which we are using to enhance the App. You will see ‘social buttons’ on the App, including but not limited to Twitter and Facebook (and such other social buttons as we may add from time to time) which enable you to share or bookmark certain web pages. These Apps have their own cookies, which are controlled by them.
|Google Analytics||Analytical data|
The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.
To register as a user of our services, such as [ a guest user or a customer], we need to collect information such as, at a minimum, an email address, name, phone number and a password (and in the event of purchases, card details). We endeavour to keep all personal data that you provide to us accurate and up-to-date. As such, you must tell us about any changes to such information as soon as possible. You can update your personal information held on the App at any time, and change your stated interests and whether or not you wish to receive correspondence from us. You may unsubscribe from newsletters and other updates by selecting the ‘Unsubscribe’ button at the foot of every communication. When registering with us, you will be asked whether or not you consent to us sending you electronic communications/direct marketing. We may ask different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Applications developed by us in connection with the App for mobile devices will operate and capture information as set out above and are also subject to this Policy. Applications developed by us but deployed on other platforms such as social media channels may provide feedback to us on activity and usage specific to a user.
USE BY MINORS
If you are aged 18 or under, please get your parent/guardian’s permission before you provide any personal information to us. Users without this consent are not allowed to provide us with personal information. If you are under 13 then we will need consent from your parent/guardian before you can use some of our services. [To avail of any of our services which involve the sale of alcohol, you will need to confirm that you are over 18, by way of a confirmation ‘pop-up’ on your computer screen/device, in order to proceed. The actual store selling the alcohol may still ask you for proof of age before completing the sale.]
HOW DO WE USE THE INFORMATION WE COLLECT?
We collect different types of information about our users for the following reasons:
- to personalise the way our content is presented to you and to ensure that content from our App is presented in the most effective manner for you and for your computer/device;
- to help us to monitor and improve the services we offer, including the App. As part of this, we may use and disclose information in aggregate (so that no individuals are identified);
- to allow you to participate in interactive features of our service, when you choose to do so;
- to process transactions on the App and to provide you with the order detail and the opportunity for the cafe/ restaurant to process your order if they so wish;
- to operate, provide, administer, develop, and improve our App and/or services, and to operate and support our related businesses such as [ Applecore, SoGoGo and Jaawbone ];
- to expand, develop and optimise the quality of our App and/or services;
- to authenticate users of the App and/or our services;
- to better understand how users access and use our App and/or services on an aggregated and individualised basis, to track and monitor habit, to conduct quality control, to fix technical and other errors or problems, to conduct market research and to respond to user desires and preferences;
- to analyse, compile, publish, sell and otherwise exploit information relating to usage and users of the App and our services;
- for advertising, marketing and promotional purposes;
- to maintain internal records;
- to provide personalised experiences and recommendations, language and location customisation, personalised help and instructions, or other responses to your usage of App and our services;
- to provide you with support and handle inquiries;
- to comply with applicable laws, rules and regulations and any regulatory mandate or court order; and
- to protect the safety of any person, to address fraud, security or technical issues.
We may also use your data to provide you with information about goods and services from third parties which may be of interest to you. By providing your consent, you agree to be contacted by such third parties.
ARE THERE CASES WHERE WE MAY USE YOUR INFORMATION TO CONTACT YOU?
We may contact you:
- for administration reasons related to the service to which you have signed up (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us);
- to provide you with information about our services, activities or online content. You should only receive e-newsletters or similar correspondence and updates from us if you have agreed to in response to any contact you have made with us, e.g. during the registration process or on the App, by email or via the ‘How to contact us’ facility. It will be made clear to you where you have these choices, for example, by providing tick boxes for you to decide whether you wish to receive e-newsletters;
- to offer you content, services, or other products and services, including to develop new services and products;
- to provide you with news and newsletters, special offers, promotions, and targeted advertising, to the extent permitted by applicable law;
- to communicate with or contact you concerning your account or membership or your usage of or participation in the App or our services, and for other customer service; and
- to invite you to participate in surveys about our services (participation is always voluntary).
Where we wish to use your personal information in any other way, we will ensure that we notify you and get your consent first. You will be given the opportunity to withhold or withdraw your consent for the use of your personal information for purposes other than those listed in this Policy.
WHAT RIGHTS DO YOU HAVE?
As a data subject, you have the following rights under the Data Protection Legislation:
- the right of access to personal data relating to you;
- the right to correct any mistakes in your personal data;
- the right to ask us to stop contacting you with direct marketing;
- rights in relation to automated decision taking;
- the right to restrict or prevent your personal data being processed;
- the right to have your personal data ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled your personal data in accordance with the Data Protection Legislation.
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your personal data, please contact us (see ‘How to contact us’ below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
Right to access to personal data relating to you
You may ask to see what personal data we hold about you and be provided with:
- a summary of such personal data and the categories of personal data held;
- details of the purpose for which it is being or is to be processed;
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;
- details of the period for which it is held (or the criteria we use to determine how long it is held);
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing;
- any information available about the source of that data;
- whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling; and
- where your personal data are transferred out of the EEA, what safeguards are in place.
Requests for your personal data must be made to us (see ‘How to contact us’ below) specifying what personal data you need access to, and a copy will be retained on your personnel file. To help us find the information easily, please give us as much information as possible about the type of information you would like to see.
If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include personal data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations.
We are entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the personal date requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update your personal data or correct any mistakes in your personal data
You can require us to correct any mistakes in your personal data which we hold free of charge. If you would like to do this, please:
- email, call or write to us (see ‘How can you contact us’ below);
- let us have enough information to identify you (e.g. name, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
If we are required to update your personal data, we will inform recipients to whom that personal data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the personal data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to contact us’ below).
Right to ask us to stop contacting you with direct marketing
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email, call or write to us (see ‘How can you contact us’ below). You can also click on the ‘unsubscribe’ button at the bottom of the email newsletter. It may take up to 5 days for this to take place; and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’.
Rights in relation to automated decision taking
You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff.
Profiling may occur in relation to your personal data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising.
These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
Right to restrict or prevent processing of personal data
In accordance with Data Processing Legislation, you may request that we stop processing your personal data temporarily if:
- you do not think that your data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase your data;
- we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
- you have objected to processing because you believe that your interests should override our legitimate interests.
If you exercise your right to restrict us from processing your personal data, we will continue to process the data if:
- you consent to such processing;
- the processing is necessary for the exercise or defence of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
Right to data portability
In accordance with Data Protection Legislation, you may ask for an electronic copy of your personal data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to personal data that you have provided to us – it does not extend to data generated by us.
The right to data portability also only applies where:
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
Right to erasure
In accordance with Data Protection Legislation, you can ask us to erase your personal data where:
- you do not believe that we need your personal data in order to process it for the purposes set out in this Policy;
- if you had given us consent to process your personal data, you withdraw that consent and we cannot otherwise legally process your personal data;
- you object to our processing and we do not have any legitimate interests that mean we can continue to process your personal data;
- your data has been processed unlawfully or have not been erased when it should have been; or
- the personal data have to be erased to comply with law.
We may continue to process your personal data in certain circumstances in accordance with Data Protection Legislation.
Where you have requested the erasure of your personal data, we will inform recipients to whom that personal data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
Right to complain to the DPC
If you do not think that we have processed your personal data in accordance with this Policy, please contact us in the first instance. If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC App at https://www.dataprotection.ie
If you post or send content which may reasonably be deemed to be offensive, inappropriate or objectionable anywhere on the App or otherwise engage in any disruptive behaviour on any of our services, we may remove such content.
Where we reasonably believe that you are or may be in breach of any applicable laws, for example on hate speech, we may disclose your personal information to relevant third parties, including to law enforcement agencies or your internet provider. We would only do so in circumstances where such disclosure is permitted under applicable laws, including Data Protection Legislation.
DO WE PROTECT YOUR PERSONAL INFORMATION?
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to personal data to employees, contractors and agents who need to know such personal data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, the App may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and/or apps and your use of such websites and/or apps is at your own risks.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of your personal data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of any data transmitted to our App and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of your personal data arising from such risks.
We will notify serious data breaches to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A personal data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your personal data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
- we have implemented appropriate technical and organisational measures that render the personal data unintelligible to anyone not authorised to access it, such as encryption; or
- we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
- it would involve disproportionate effort, in which case we may make a public communication instead.
WHO WE SHARE DATA WITH
We may disclose your personal information to any company or other corporate entity under our control or common control.
As stated above, with your consent, we may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these. We reserve the right to access and disclose personal data in compliance with Data Protection Legislation.
We may also use service providers to help us run the App or services available on the App. For example, your personal data may be shared with third party payment providers, and our other commercial partners engaged by us for the purposes of providing our services. Any third parties who access your personal data in the course of providing services to you on our behalf are subject to strict contractual restrictions to ensure that your personal data are protected, in compliance with Data Protection Legislation.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. The safeguards in place with regard to the transfer of your personal data outside of the EEA are the entry by us into appropriate contracts with all transferees of such personal data.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
RETENTION OF PERSONAL DATA
Any information that you provide to us will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance, and our obligations under Data Protection Legislation.
In general, your personal data will be retained by us for as long as you continue to remain registered with us to use our services. In the event that you delete your account/registration or withdraw your consent to our processing of your personal data, your personal data will be deleted by us within six months (save to the extent that we are required to retain such personal data for a longer period for compliance with law).
We may collect financial information such as credit card information when a payment is made via the App. We do not share this information with anyone other than other companies and individuals we engage to perform functions on our behalf such as sending mail and processing payments and this information will not be kept for longer than necessary for providing the services. Any such third party service providers will be subject to contractual provisions which safeguard the security of your personal data. Any such company or individual will have access to personal data needed to perform these functions but may not use such personal data for any other purpose.
CHANGES TO THE POLICY
This Policy may be updated from time to time, so you may wish to check it each time you submit personal information to the App. The date of the most recent revisions will appear at the beginning of the Policy. If you do not agree to these changes, please do not continue to use the App to submit personal information. If material changes are made to the Policy, we will notify you by placing a prominent notice on the App. We will not process your personal data in a manner not contemplated by this Policy without your consent.
LEGAL INFORMATION AND HOW TO CONTACT US
The data controller (as defined in Data Protection Legislation) for the App and services provided through the QKangaroo.
If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing to [Block D, 58 Tain Court, Bridge Street, Dundalk, County Louth, Ireland], or by email to [firstname.lastname@example.org]. Unsubscribing from electronic communications can be achieved by pressing the ‘unsubscribe’ (or similar button) on the electronic communication received.
We will appoint and maintain a Data Protection Officer if required to do so in accordance with Data Protection Legislation. The contact details of our Data Protection Officer, if required, will be set out in this Policy from time to time.