Focus Lab, LLC, a Georgia limited liability company ("Focus Lab"). Focus Lab's "Quokka" includes two components: (i) the software program along with any accompanying materials or documentation (collectively, the "Application"), and (ii) Focus Lab's proprietary online content, functionality and services offered on or via the website ("Service").
This policy describes the types of information Focus Lab may collect from you or that you may provide when you visit www.quokka.com and/or use various aspect of Quokka and its practices for collecting, using, maintaining, protecting, and disclosing that information.
1. Accessing Quokka, Security and Privacy Introduction
You are solely responsible for any and all activity occurring under your Quokka user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Quokka, including those related to data privacy, international communications and the transmission of technical or personal data. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and Account. You agree to notify Focus Lab immediately of any unauthorized use of your account or any breach of security. Focus Lab will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You warrant and represent that: (i) the content to be transmitted by or on your behalf does not constitute SPAM; (ii) the content to be transmitted by or on your behalf is not illegal, threatening, hateful, vulgar, obscene, libelous or defamatory and does not and will not infringe upon any trademark, patent, copyright, trade secret or other proprietary, publicity or privacy right of any third party; and (iii) you have complied and will comply with all applicable laws and regulations respecting your execution and performance of these terms.
2. Information Focus Lab Collects About You and How Focus Lab Collects It
In order to allow you to use Quokka in the best possible way, Focus Lab collects several types of information from and about users, including information:
- by which you may be personally identified, such as first and last name, name of business, postal address, e-mail address, telephone number, or and any other identifier by which you may be contacted online or offline ("personal information");
- that is about you but individually does not identify you; and/or
- about your internet connection, the equipment you use to access Quokka and usage details.
Focus Lab collects this information:
- Directly from you when you provide it to us;
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies;
- From third parties, for example, its business partners; and
Information You Provide to Us.
- The information Focus Lab collects on or through Quokka may include:
- Information that you provide by filling in forms on the website or Quokka. This includes information provided at the time of creating an account, posting material, or requesting services. Focus Lab may also ask you for information when you report a problem with Quokka.
- Records and copies of your correspondence (including email addresses), if you contact Focus Lab.
- Your responses to surveys that Focus Lab might ask you to complete for research purposes.
- Details of transactions you carry out through Quokka and of the fulfillment of your orders.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Quokka, or transmitted to other users of Quokka or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, Focus Lab cannot control the actions of other users of Quokka with whom you may choose to share your User Contributions. Therefore, Focus Lab cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information Focus Lab Collect Through Automatic Data Collection Technologies. As you navigate through and interact with Quokka, Focus Lab may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your interactions with Quokka and other communication data and the resources that you access and use on Quokka.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information Focus Lab collects automatically helps Focus Lab to improve Quokka and to deliver a better and more personalized service, including by enabling Focus Lab to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize Quokka according to your individual interests. Speed up your searches.
- Recognize you when you return to Quokka.
The technologies Focus Lab uses for this automatic data collection may include:
- Flash Cookies. Certain features of Quokka may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on Quokka. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section below entitled Choices About How Focus Lab Uses and Discloses Your Information.
- Web Beacons. Pages of Focus Lab's website and aspects of Quokka may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Focus Lab, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
3. How Focus Lab Uses Your Information
Focus Lab uses information that it collects about you or that you provide to us, including any personal information:
- To present Quokka and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out Focus Lab's obligations and enforce its rights arising from any contracts entered into between you and Focus Lab, including for billing and collection.
- To notify you about changes to Quokka or any products or services Focus Lab offers or provides though it.
- To allow you to participate in interactive features on Quokka.
- In any other way Focus Lab may describe when you provide the information.
- For any other purpose with your consent.
Focus Lab may also use your information to contact you about goods and services that may be of interest to you. For more information, see the section below entitled Choices About How Focus Lab Uses and Discloses Your Information.
4. Disclosure of Your Information
Focus Lab may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
- To its subsidiaries and affiliates.
- To contractors, service providers, and other third parties it uses to support its business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Focus Lab, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Focus Lab, LLC about its Quokka users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
Focus Lab may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply its Term of Service and other agreements, including for billing and collection purposes. If Focus Lab believes disclosure is necessary or appropriate to protect the rights, property, or safety of its employees, customers, or others.
5. Choices About How Focus Lab Uses and Discloses Your Information
Focus Lab has created mechanisms to provide you with the following control over the information that you provide Focus Lab:
Focus Lab do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
6. Accessing and Correcting Your Information
You can review and change your personal information by logging into Quokka and visiting your account profile page.
If you delete your User Contributions from Quokka, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Quokka and internet users. Proper access and use of information provided on Quokka, including User Contributions, is governed by Focus Lab's Terms of Service.
7. Children Under the Age of 13
Quokka and the related website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on Quokka. Focus Lab does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through Quokka or on or through any of its features/register with Quokka, make any purchases through Quokka, use any of the interactive or public comment features of Quokka or its related website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Focus Lab learns that it collected or received personal information from a child under 13 without verification of parental consent, Focus Lab will delete that information.
8. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of Quokka and the related website that are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line and in the body of your message. Focus Lab will provide the requested information to you in your email address in response.
10. International Users
11. Contact Us
Last modified: April 11, 2019