Effective: 1 Jul 2023

 

Quurk Sdn. Bhd. ("QRK", "we", "our", or "us") understands that privacy is important to our users. This Privacy Policy describes our practices regarding the collection, use, sharing, and protection of your personal information for the QRK website located at www.quurk.xyz and www.pastopia.io (the "Website") and all related services, products, platforms, mobile applications, and offerings (collectively, the "Services"). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, how you can assert those rights, and how you can contact us to get answers to your questions.

 

By using the Services and agreeing to this Privacy Policy, you acknowledge and understand that any information you provide will be used and accessed by both QRK and the third-party Brands we partner with (the "Brands").

 

For more information, please contact us by emailing legal@quurk.xyz.

 

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

 

 

PERSONAL INFORMATION WE COLLECT FROM YOU

We use the term "personal information" – also called "personal data" or "personally identifiable information" in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. 

 

Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

 

The following are the categories and types of personal information that we collect from or about you, depending on how you interact with the Services:

 

• Identifiers, such as your name, phone number and email address;

 

• Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies and similar unique identifiers;

 

• Internet or other electronic network activity information, including, but not limited to browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement; and 

 

• Commercial information, such as your consumption history and preferences.

 

 

HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal Information You Provide

We collect personal information that you provide to us directly. This may include, but is not limited to:

 

• Information you provide when you contact us via email, or through other Internet-enabled communications;

 

• Information you provide when you register to use the Services, create a profile or account, or subscribe to one of our Services;

 

• Your responses to surveys that you choose to complete for us;

 

• Information you provide when you enter a contest or other promotion sponsored by us;

 

• Details relating to transactions that you carry out through the Services;

 

• Your searches through the Services; and

 

• Any other information that you provide us on or through the Services.

 

Personal Information We Collect Automatically

When you use the Services, we may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

 

• Cookies and Similar Technology. "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you use the Services, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Services you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may also use cookies to make your use of the Services more convenient or to enable us to enhance the Services.

 

• Clickstream Data. As you use the Internet, a trail of electronic information is left at each website you visit. This information, 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 computer and browsing software you use and the address of the website from which you linked to the Services. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of the Services, how visitors navigate throughout the Services, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Services.

 

• From Other Sources. We may obtain information about you from the Brands, which we import into our databases on their behalf.

 

 

HOW WE USE YOUR PERSONAL INFORMATION

We collect and use the categories of personal information described above for the following business or commercial purpose(s):

 

• To communicate with you, which may include:

  • Contacting you about and providing you, and the Brands, with our Services;

  • Responding to your direct inquiries, requests, issues or feedback, and providing customer service; and

  • Adding you to our mailing lists and sending you emails from time to time.

 

• To provide our products and services, which may include:

  • Operating the Services, and providing and facilitating loyalty programs;

  • Creating, maintaining, and otherwise managing your account, profile, or subscription;

  • Enabling users to pay for/redeem experiences at participating Brands;

  • Delivering content and product and service offerings relevant to your interests; and

  • Administering sweepstakes, contests, quizzes, and other similar promotions.

 

• For analytics and personalization, which may include:

  • Identifying trends and making inferences about you and your interactions with us or our affiliates or our business partners;

  • Conducting research and analytics to improve our services and product offerings or those of our affiliates and business partners;

  • Understanding how you interact with the Services to determine which of our services are the most popular, to enhance your user profile, and to improve the Services and marketing campaigns;

  • Personalizing your experience to save you time when you use the Services, and to customize the marketing and advertising that we show you;

  • Better understanding our users’ needs; and

  • Providing personalized recommendations about our products and services.

 

• For security and fraud prevention, which may include:

  • Helping maintain the safety, security, and integrity of the Services, databases and other technology assets, and business;

  • Internal research, technological development and demonstration, and improving, upgrading, or enhancing the Services;

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; and

  • Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for the Services.

 

• To comply with legal obligations, which may include:

  • Compliance with legal or regulatory obligations, establishing or exercising our rights, and to defending against a legal claim;

  • Responding to law enforcement requests and as required by applicable law, court order, legal process, or governmental regulation; and

  • Acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of QRK or the division responsible for the services with which your information is associated.

 

• To support core business functions, which may include:

  • Maintaining records related to business process management, loss and fraud prevention, and to collect amounts owing to us; and

  • Providing and provide and maintaining the functionality of the Services, including identifying and repairing errors or problems.

 

Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.

 

 

HOW WE DISCLOSE OR SHARE YOUR INFORMATION

With your consent, we share the categories of personal information described above with the Brands that you visit, which is used by these Brands to enhance their experiences, and to administer the loyalty program. In addition, we may disclose your personal information to other affiliates and entities in the following instances:

 

• Service Providers. We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, data analysis, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.

 

• Legal Compliance and to Defend Our Rights. We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Service; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

• Business Transfers. We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of QRK, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of the Services.

 

• Non-Personal Information. We may share non-personal information in de-identified or aggregated form with the Brands. Certain information, such as the time and location of an anonymized event check-in, will be publicly available on the blockchain. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.

 

 

LINKS TO OTHER SITES AND SOCIAL MEDIA SERVICES

We may create links to other websites that we think may be of interest to you, such as to certain Brands. We are not affiliated with any third parties featured within, or utilized as part of, the Services (including the Brands), and are not responsible for their services. You acknowledge and agree that you will hold the Brands solely responsible for any transaction between you and the Brands, including without limitation the services provided to you by the Brand.

 

The Services may also integrate with social media 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 the Services, we are doing so as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

 

We do not endorse any other websites, providers, or services by providing such links, and this Privacy Policy applies only to your use of the Services. We are not responsible for the privacy policies of any websites and services we link to on the Services, and you should read the privacy policies of each site you visit to determine what data that site may collect about you.

 

You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.

 

Cross-Device Matching. We may use your information to help us, or our third-party vendors, determine if you have interacted with the Services across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data.

 

 

HOW WE PROTECT YOUR PERSONAL INFORMATION

Personal information is maintained on our servers or those of our vendors, and is accessible by authorized employees, independent contractors, representatives, and agents as necessary for the purposes described in this Privacy Policy. We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us at legal@quurk.xyz.

 

 

DATA RETENTION

We will retain your personal information for as long as your inquiry is active or as needed to provide you with the 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 anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

 

 

YOUR CHOICES

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the Privacy Policy.

 

• Opting Out of Messages or Services. We may send you marketing messages via email. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email), or by sending an unsubscribe request to us at legal@quurk.xyz. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.

 

• Cookies and Tracking Technologies. If you would like 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 the Services or some of its functionality may be affected.

 

Note that cookie-based 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 device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.

 

Some browsers have a Do Not Track ("DNT") feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers; however, we treat Global Privacy Control signals as a means of opting out of the sale or sharing of personal information, as required by applicable law.

 

 

PRIVACY RIGHTS

The Personal Data Protection Act 2010 (“PDPA”) is an act to regulate the processing of personal data in a commercial transaction. In compliance with the regulations of PDPA for QRK to manage the personal data collected from the users through the usage of QRK’s website, this Notice is hereby issued to all user of this website. 

 

The PDPA includes the Do Not Call (DNC) Registry in which individuals are given the choice to opt out of receiving marketing phone calls, mobile text messages such as SMS or MMS and faxes from organisations. 

 

Security and Confidentiality

 

Confidentiality and security of personal data is important to the Group. Personal Data Protection policy is in place and measures are taken to protect the personal data from misuse, loss, unauthorised access, modification or disclosure. 

 

Right to Know. 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 Rights, below), and subject to certain limitations that we describe below, we will disclose such information. 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 specific pieces of personal information we collected about you (see Data Portability Rights below).

 

Right to Delete. 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 Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

 

However, we maybe 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 Applicable Privacy Laws, such as detecting security incidents and protecting against fraudulent or illegal activity.

 

Right to Data Portability. You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. Applicable Privacy Laws allow you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.

 

Right to Correct. You have the right to request the correction of any personal information we maintain about you.

 

Right to Opt Out of Selling or Sharing Your Personal Information. Although Applicable Privacy Laws provide you with the right to opt out of the sale or sharing of your personal information, we have not sold or shared your personal information, as defined by Applicable Privacy Laws, within the past 12 months.

 

Right to Non-Discrimination. We will not discriminate against you for exercising any of your rights under Applicable Privacy Laws, including but not limited to, by:

• Denying you goods or services.

 

• Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

 

• Providing you a different level or quality of goods or services.

 

• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Exercising Your Rights. To exercise the rights described above, please email us at legal@quurk.xyz

 

After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, phone number, and address, so that we can seek to match this information with the information existing in our systems. 

 

When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

 

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.

 

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, Applicable Privacy Laws allow us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.

 

Notice of Financial Incentive. We may offer you financial incentives, including discounts, coupons, or other rewards, for sharing personal information through programs that we may provide from time to time. For example, the QRK platform loyalty program may provide incentives based on your engagement across different categories, such as the information you provide and if they download our mobile app. When we offer our loyalty program to you, we believe that the value of the different pricing or services you receive exceeds the cost of providing your personal information. Your participation in our loyalty program is completely optional and subject to the terms provided to you at the time you sign up. You may withdraw from participation in our loyalty program at any time by contacting us at legal@quurk.xyz. More information about our loyalty program is available in our terms of service.

 

 

CROSS-BORDER DATA TRANSFERS

If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions. Please note that personal information transferred to foreign jurisdiction may be subject to access by law enforcement.

 

 

CHILDREN'S PRIVACY

The Services are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 16. When we become aware that personal information (or other information that is protected under applicable law) from a child under 16 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 16, please contact us at legal@quurk.xyz.

 

 

CHANGES TO THIS POLICY

We reserve the right, at our discretion, to update this Privacy Policy at any time and will notify you of any material changes to the way in which we treat personal information by posting an updated Privacy Policy or other notice on relevant areas of our Website. 

 

Any updated version of this Privacy Policy will be effective immediately upon posting unless otherwise specified. Your continued use of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, we will not, without your consent, use your personal information in a manner materially different from what was stated at the time your personal information was collected. We encourage you to periodically review the Website for the latest information on our privacy practices.

 

 

CONTACTING US

If you have any questions about our privacy or security practices, please contact us at legal@quurk.xyz.