Privacy Policy

Effective date: Sep 1, 2020

Welcome to the Out App Privacy Policy (“Policy”). This explains how we collect, store, protect, and share your information, and with whom we share it. We suggest you read this in conjunction with our Terms and Conditions of Use.

As you’re enjoying the Out App mobile application (“App”), our websites and microsites (such as Outqueerapp.com) or using our digital products and services (such as our competitions or surveys) (together, referred to in this Privacy Policy as our “Sites”), we collect some information about you. In addition, you may choose to use the App or Sites to share information with other users, including your friends and contacts (“Users”). We may also need to share your information sometimes.

The App and Sites are national, and your information will be used in the United States.

Who we are

The App and Sites are operated by “Out Co.” (also referred to in this policy as “we” or “us”).

1. COLLECTION OF INFORMATION.

Registration Information

When you download the App and create an account (“Account”), we may collect certain information (“Registration Information”) about you, such as:

  • Name;
  • Username;
  • Email address;
  • Mobile number;
  • Gender identity;
  • Date of birth;
  • Photographs;
  • Location; and
  • Attended events

Once you register, you will be able to review and change this information at any time just by logging in to Out App (other than your date of birth, location, and previously attended events or locations (which, if you have given Out App access to your location in your device settings, is automatically updated based on the location of your device)). It is your responsibility to ensure that your account details are kept up to date. If your phone number changes, please ensure that you update this in your account.

The information we collect helps to enhance the App and verify our Users (robots are not welcome!). Registration Information such as your gender identity, name, and username may be visible to other Users who view your profile page.

For Users who are California residents, the data we may collect falls within the following categories of “personal information”, as defined by the California Consumer Privacy Act (CCPA):

  1. Identifiers, such as name and location;
  2. Personal information, as defined in the California customer records law, such as contact (including email and telephone number) and financial information;
  3. Characteristics of protected classifications under California or federal law (if you choose to provide them), such as age, gender identity, marital status, sexual orientation, race, ancestry, national origin, religion, and medical conditions;
  4. Commercial information, such as transaction information and purchase history;
  5. Biometric information;
  6. Internet or network activity information, such as browsing history and interactions with our Sites and App;
  7. Geolocation data, such as mobile device location;
  8. Audio, electronic, visual and similar information, such as photos and videos;
  9. Professional or employment-related information, such as work history and prior employer;
  10. Non-public education information; and
  11. Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

Profile Information

We recommend and encourage you to think carefully about the information you disclose about yourself. We also do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ license details and other sensitive information which is open to abuse and misuse on your profile.

When you post information about yourself or use the messaging function to communicate with other Users, the amount of personal information you share is at your own risk.

Profile Verification Information (Including Biometric Information)

For safety and security and to ensure you have the best possible user experience, we require Users to verify their accounts and might ask for your phone number and, in some instances, we might also ask that you carry out photo verification. If you are asked to verify your profile photo, we will scan each photo that you submit. The scan may include the use of facial recognition technology so that we can compare the photo you submit to your profile photo, to help ensure that you are who you say you are. We would not add the verification photos to your profile. We retain the scans so that we can verify you in the future and for our record-keeping purposes until we no longer need them for such purposes or for three years after your last interaction with us, whichever occurs first. After the applicable retention period expires, we take commercially reasonable steps to permanently and securely delete the scans from our systems.

Geolocation Information

If you have given Out App access to your location in your device settings, when you use your mobile, we will collect information about WiFi access points as well as other location information about your longitude and latitude and may save your device’s coordinates to offer certain features to you. This information helps us identify your physical location and we use it to personalize the App and make it easier for you to interact with other Users, by enabling the general locality information to be displayed to Users seeing your profile and showing you the profiles of other Users who are near you.

If you have given Out App access to your location, but wish to turn this off, you can do so by the following methods:

  1. iPhone app — settings, privacy, location services, Out App
  2. Android — settings, location, Out App, permissions, location

Device Information

We may collect information about your device when you use the App including the unique device identifier, device model, and operating system, for a number of purposes, as set out in this policy. In addition, if you permit us to do so, the App may access your device’s address book solely in order to add someone to your contacts.

Links

We may keep track of how you interact with links available on Out App including third party services by redirecting clicks or through other means. We may share aggregate click statistics such as how many times a particular link was clicked on.

Out App Success Stories, Surveys and other Contributions

From time to time, we run surveys for research purposes and we may contact you to find out if you would like to take part. We may also contact you to find out if you would like to provide feedback, a testimonial or take part in marketing campaigns (for example, if you let us know that you have found a friend, event, or location on the App, we may contact you to ask if you would be happy to feature in advertising for Out App). Such surveys and marketing campaigns are optional and more information will be provided at the point of contact. If you do not wish to be contacted to take part in a survey or marketing campaign, please contact our Customer Support Team via our Feedback Page.

When you Contact Customer Support

If you contact our Customer Support team via our Feedback Page, we will receive your email address, and may track your IP address, as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other Users (and from other Users about you) for 6 years after deletion of your account.

Cookies and similar technologies

When you visit our Sites or when you use our App, we may collect personal data from you automatically by using cookies or similar technologies. A cookie is a small file that can be placed on your device or browser that allows us to recognise and remember you.

2. USE OF YOUR INFORMATION.

Our main goal is to ensure your experience on Out App is an enjoyable one. In order to deliver an enjoyable experience to you, we may use your Registration and other information to:

  • offer you our services and features;
  • contact you with information about the App (e.g., updates and new features);
  • personalize the App/Sites and the content we deliver to you;
  • provide content, features, events, or locations that match member profiles or interests;
  • conduct research and analytics about how you use and interact with the App/Sites;
  • resolve disputes, troubleshoot problems and to enforce our Terms & Conditions;
  • investigate fraud, protect our legal rights, and to enforce our Terms & Conditions.
  • to send you information about the promotions and offers we have available - if you’ve signed up for our communications or otherwise told us it’s OK (you can withdraw from marketing at any time via Settings in the App or by using the opt-out mechanisms and links provided in each message); and
  • protect our Users and third parties from harm.

Moderation Practices

We use a combination of automated systems and a team of moderators to monitor and review accounts (including photos and any other information uploaded onto user profiles) and messages for content that indicates breaches of our Terms and Conditions of Use. If an account or message meets certain criteria that demonstrate that the Terms and Conditions of Use are likely to have been breached, the relevant account will be subject to a warning and the user’s access restricted and/or blocked. Affected Users can contact Out App to contest the decision.

If you post anything that is inconsistent with our Terms and Conditions of Use, we reserve the right to terminate or restrict access to your Account.

3. DISCLOSURE OF INFORMATION.

Our policy is to not disclose your Registration Information or personal data, except in the limited circumstances described here:

Circumstances where data may be disclosed

Disclosed data

Service Providers – We engage certain trusted third parties to perform functions and provide services to us. We may share your Registration Information or personal data with these third parties, but only for the purposes of performing these functions and providing such services. More information about this is available directly below.

This could include all data, including all CCPA Categories listed above

Moderators – To monitor activity on the App and approve content.

Name and user registration details, profile information, content of messages and photographs (CCPA Categories A, B, C, and H)

Payment Processing and Telecommunications Companies – To facilitate payments for our premium services.

Cardholder name, cardholder address, card number, payment amount, transaction date/time (CCPA Categories A, B, and D)

Law and Harm – As we mentioned in the Terms & Conditions, we think it is very important that all Users behave whilst using the App. We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement enquiries from within or outside your country of residence where we are required to by law, where there is an investigation into alleged criminal behavior or to protect the vital interests of a person. This may include preserving or disclosing any of your information, including your Registration Information, if we believe in good faith that it is necessary to comply with a law or regulation, or when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal request; to protect the safety of any person; to address fraud, security or technical issues e.g. through anti-spam providers to protect the service from criminal activity or to protect our rights or property or those of third parties. In such cases we may raise or waive any legal objection or right available to us.

This could include any personal data that Out App holds about you, depending on the nature of the request or the issue that we are dealing with, including all CCPA Categories listed above

Business Transfers – In the event that a Out Co. undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organisation, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.

This could include all personal data that Out App holds about you, including all CCPA Categories listed above

Marketing Services Providers – To help us serve marketing and advertising on third party websites and applications and measure the effectiveness of our advertising campaigns. More information on this is available below

Advertising identifier associated with your device (Device ID), estimated location (based on your IP address), age, gender and data about your visit to our Sites or App and action taken on those (for example if you downloaded our App or created an account with our App), hashed email address (for ‘custom audiences’ only) (CCPA Categories B, C, G, F and K)

Anti-Spam and Anti-Fraud – Your data may be shared within affiliated Out Co. companies, for example, to block accounts and suspected fraudulent payment transactions as part of our anti-spam and anti-fraud procedures.

Email address, phone number, IP address and IP session information, social network ID, username, user agent string, and transaction and payment data (CCPA Categories B, F and D).

Aggregated Information – We may share aggregated information with third parties that includes your personal data (but which doesn’t identify you directly) together with other information including log data for industry analysis and demographic profiling.

Out App does not sell your data and has not sold your personal data in the previous 12 months.

MORE INFORMATION ABOUT DISCLOSURES

Sharing your personal data with Service Providers

We engage certain trusted third parties to perform functions and provide services to us (“Service Providers”). The suppliers with which Out App shares User personal data vary depending on a variety of factors, such as which of our App, Sites and services a User engages with. For example, to provide our services to Users, we typically use the following suppliers:

  • Billing services – to allow customers to purchase paid features of our App
  • Authentication services – to allow customers to authenticate their account
  • Product improvement and market research – we use third party platforms (such as Typeform) to carry out customer surveys and market research to improve our products and services
  • IT services – some of the third-party software providers used in the operation of our business may process Users’ personal data (for example, if a User contacts us via social media with a support inquiry, their inquiry is processed by our community management software provider)

We carry out due diligence on all Service Providers we engage to ensure they have adequate data protection and information security measures in place and only provide them with the personal data necessary to the service they are providing. Measures are taken to ensure that the data shared is non-attributable to the greatest extent possible and our suppliers are also subject to extensive obligations under our contractual arrangements, including strict data retention limits.

Sharing your personal data with Marketing Services Providers

We partner with providers of marketing services (such as Facebook for example) (‘Marketing Services Providers’) to help us market and advertise our App and services on third party websites and applications and measure the effectiveness of our advertising campaigns. For example:

  • to exclude you from advertising campaigns aimed at finding new users, if you already have an Out App account;
  • to show Out App adverts to users who have visited the Out App/Sites but haven’t yet created an Out App account;
  • to create an audience for our advertisements of other potential users who have similar characteristics to you based on the information the Marketing Service Providers holds about you (also known as a Lookalike Audience); or
  • to include you in a ‘custom audience’ that will receive Out App advertising content (a custom audience is essentially a list of people who we think are most likely to be interested in a particular advertisement).

We share a limited amount of your personal data with these Marketing Services Providers, such as:

  • the advertising identifier associated with your device (this is a random number assigned by your mobile device manufacturer (for example Apple or Google) to your device to help advertisers (including the manufacturer) know when an ad has been viewed or clicked in an app, and when an ad causes a ‘conversion’ (for example, downloading the app advertised to you))
  • your estimated location (based on your IP address)
  • age and gender
  • data about your visit to our Sites or App and action taken on those (for example if you downloaded our App or created an account with our App)
  • a hashed* version of your email address (to create ‘custom audiences’).


*Hashing is a way of encrypting information by turning it into a combination of random numbers and letters - this code cannot be traced back to the email address. When hashed email addresses are sent to a Marketing Service Provider, they’re then matched against the Provider’s own existing list of their own users’ hashed information and our ads are served to those of our users who have successfully been matched with the Provider’s. Matched and unmatched hashes are then deleted by the Provider.

Some platforms require user consent before Out App is permitted to use data gained through the platform for advertising purposes and where this is the case, Out App will only use this data where the necessary consent has been obtained. Through your device’s privacy settings, you also have the option to prevent or limit device identifiers being shared with third party advertisers and what use is made of the device identifiers. If you would like more information about your choices and how you can stop your device identifiers being shared with third party advertisers, please visit this page.

In some cases, these third parties will also use the data that they collect for their own purposes, for example they may aggregate your data with other data they hold and use this to inform advertising related services provided to other clients.

4. WHAT OTHERS MAY SEE ABOUT YOU.

Our App is designed to make it easier for you to connect with other Users and to interact with them.When using Out App, you should assume that anything you post or submit on the App may be publicly-viewable and accessible, both by Users and non-users of the App. We want our Users to be careful about posting information that may eventually be made public.

Please be careful about posting sensitive details about yourself on your profile such as your religious denomination and health details. You may also choose to add sensitive information about yourself when you add certain Out App badges to your profile, such as your religion and political leanings. While you may voluntarily provide this information to us when you create your profile, including your job title and other attributes, there is no requirement to do so. Please remember that photographs that you post on Out App may reveal information about yourself as well. Where you do upload and choose to tell us sensitive information about yourself, including through the addition of badges to your profile, you are explicitly consenting to our processing of this information and making it public to other Users.

Your Out App profile and other information you make available via the App may be viewed and shared by Users with individuals who may or may not be users of the App. For example, a User may recommend you as a match to his or her Facebook friend(s) by taking a screenshot of your profile picture and sharing it, regardless of whether such friend(s) is also a User of the App.

Please also note that in certain countries (currently, South Korea only), Users are provided with functionality enabling them to download a copy of their conversation history (as this is required by local laws) and that Out App has no control over how users may then publish or use that information.

If you log in to or access the App through your Facebook account or another third-party account on a device which you share with others, remember to log out of the App and the relevant third-party account when you leave the device in order to prevent other users from accessing your Out App account.

Businesses on Out App: We may share information from or about you , your device type, and your use of the Service (such as which businesses you visit or review, or if you visit a business’s URL) with businesses on Out App. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Out App or otherwise, regardless of your settings.

5. OUR POLICY TOWARDS AGE.

Although we want as many people as possible to enjoy Out App, you have to be at least 18 years old to use the App.

Out App does not knowingly collect any information about or market to children, minors or anyone under the age of 18. If you are less than 18 years old, we request that you do not submit information to us. If we become aware that a child, minor or anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate that person’s registration.

6. SECURITY.

Here at Out App, we value app and site security. Unfortunately, no website or Internet transmission is ever completely 100% secure and even we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur, but here are some handy tips to help keep your data secure:

  1. Please make sure you log out of your Account after use as you never know who may stumble onto your Account.
  2. Please don’t share the password you use to access your Out App Account with anyone else.
  3. Change your password periodically.

We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk.

Where you have a password, which enables you to use our services, you are responsible for keeping this password complex, secure, and confidential. If you would like to update or change your password, you may select the “Forgot your password?” link on the login page. You will be sent an email that allows you to reset your password.

7. LINKING OTHER ACCOUNTS TO OUT APP.

Using your social media details to sign in to Out App

When you sign in to our App using your Facebook account, you give permission to Facebook to share with us your name and profile picture. Unless you opt-out, you also give permission to Facebook to share with us your email address (if there is one associated with your Facebook account), date of birth, profile photos, gender, Page likes and current town/city.

If you register or sign in with your Apple ID, you give Apple permission to share your Apple login, a name (that can be edited by you) and an email (you can choose to hide your email and Apple will create a random email address so your personal email can stay private). This email address will be linked to your Out App account and will be used to retrieve your Out App account. We will then use this personal data to form your Out App account. If you remove Out App from your Facebook settings, or from your Apple ID, we will no longer have access to this data. However, we will still have the personal data that we received when you first set up your Out App account using your Facebook or Apple ID (you must delete your Out App account entirely for us to no longer have access to this data).

8. NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Out App does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us.

9. YOUR CALIFORNIA PRIVACY RIGHTS.

For Users who are California residents, you have the following rights (in addition to those listed at section 9 below) under the California Consumer Privacy Act, and you have the right to be free from unlawful discrimination for exercising your rights under the Act:

  1. You have the right to request that we disclose certain information to you and explain how we have collected, used and shared your personal information over the past 12 months.
  2. You have the right to request that we delete your personal information that we collected from you, subject to certain exceptions.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at jen@outqueerapp.com

From time to time, as part of a joint promotion with a third party, we may, if you participate in such promotion, disclose your contact information to the third party to allow them to market their products or services to you. Where this is a condition for participation in a promotion, we will always let you know before when you enter the promotion. Please follow the instructions provided to you by third parties to unsubscribe from their messages.

In addition, under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party online services, to the extent the operator engages in that collection. At this time, we do not track our Users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual User’s online activities over time and across different online services when using the App.

9. YOUR RIGHTS.

Privacy laws applicable in your country may give you the following rights:

  1. Right to be informed: what personal data an organization is processing and why (we provide this information to you in this Privacy Policy).
  2. Right of access: you can request a copy of your data.
  3. Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
  4. Right to erasure: you have the right to have your data deleted in certain circumstances.
  5. Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
  6. Right to data portability: you can request a copy of certain data in a machine-readable form that can be transferred to another provider.
  7. Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
  8. Rights related to automated decision-making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.

The particular rights which are applicable to you (which might include other rights not listed above) may vary depending on your country. You should make yourself aware of the rights you have under applicable privacy laws in your country.

If you want to exercise any of your rights listed above please visit our Feedback Page. For your protection and the protection of all of our Users, we may need to request specific information from you to help us confirm your identity before we can answer the above requests.

11. DATA RETENTION AND DELETION.

We keep your personal information only as long as we need it for the legal basis relied upon and as permitted by applicable law. Please see “Profile Verification Information (Including Biometric Information)”  above, to learn about our retention policy with respect to biometric information.

When you delete your Account, or it is deactivated by us, we make sure it is no longer viewable in the App. For up to 28 days, it is still possible to restore your Account if it was accidentally deleted or wrongfully deactivated. After 28 days, we begin the process of deleting your personal information from our systems, unless:

  1. we must keep it to comply with applicable law (for instance, if you make purchases within the App, some personal data may be kept for tax and accounting purposes);
  2. we must keep it to evidence our compliance with applicable law (for example, if an account is blocked, we keep some account information and a record of the behavior that led to the block - this information is retained for evidential purposes in case of queries or legal claims concerning the block);
  3. there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
  4. the information must be kept for our legitimate business interests, such as fraud prevention and enhancing Users’ safety and security (for example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account).

Warning: Even after you remove information from your profile or delete your Account, copies of that information may still be viewable and/or accessed to the extent such information has been previously shared with others, or copied or stored by others. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your personal information, they may retain such information to the extent permitted under their terms of service or privacy policies.

12. CHANGES TO THIS POLICY.

As Out App evolves, we may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at outqueerapp.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you, for example, via an email to the email associated with your Account or by posting a notice within Out App.

Effective date

This Privacy Policy was last updated 15 June 2022.