Terms & Policies

This privacy notice for Out x Out, a Paxst, LLC Company, (“we,” “us,” or “our“), describes how and why we might collect, store, use, and/or share (“process“) your information when you use our services (“Services“), such as our mobile application, website, and related products. Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. TABLE OF CONTENTS 1. WHAT INFORMATION DO WE COLLECT? 2. HOW DO WE PROCESS YOUR INFORMATION? 3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? 4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 5. HOW DO WE HANDLE YOUR SOCIAL LOGINS? 6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY? 7. HOW LONG DO WE KEEP YOUR INFORMATION? 8. DO WE COLLECT INFORMATION FROM MINORS? 9. WHAT ARE YOUR PRIVACY RIGHTS? 10. WHAT ARE YOUR CONTENT LICENSES? 11. CONTROLS FOR DO-NOT-TRACK FEATURES 12. DO WE MAKE UPDATES TO THIS NOTICE? 13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? 14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? 15. WHAT ARE MY DISPUTE OPTIONS? 1. WHAT INFORMATION DO WE COLLECT? Account Information — We collect account information (e.g. username, email address, date of birth, and additional information listed in Edit Profile page) when you complete ‘Create Profile’ and ‘Update Profile’ actions. This information is used to create your public profile as well as by our Services to enable permissions to access our app and data stored within our Services. Location information — We collect user information provided by users during ‘Create Profile’ and ‘Update Profile’ actions to customize content shown on our Services (e.g. initial destination page displayed). Coarse gps coordinates may be utilized (only when explicitly permitted) by our Services and additional third party services (e.g. Mapbox) to display content as requested by user (e.g. Navigating to map page). Internet Protocol (IP) address and/or browser and device characteristics may be collected when you visit our Services. Message & Chat information — We process message and chat information sent via our Services. Message content is encrypted and decrypted locally on the users’ devices when using Android or iOS platforms. Device information — We process device information (e.g. device type, operating system, IP address, app version, crash reports, etc.) when necessary to provide differentiated Services based on the platform utilized and reserve the right to share this data with third party service providers for analytics purposes in order to improve our Service performance. Third Party Service Providers - To provide visibility to users we strive to update this section with third party service providers we partner with. However, please note this is subject to change and may not be an exhaustive list of all third party services, nor all third party services these providers partner with. Common third party providers we leverage: Supabase: database, storage and authentication services, Mapbox: map services, bunny.net: DNS services, Google: social login services, advertising services, and app hosting on Google Play Store, Meta: social login services, Apple: social login services, app hosting on App Store. 2. HOW DO WE PROCESS YOUR INFORMATION? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. Additionally it is used to personalize your experience, connect you with other users, send important updates and safety notifications, analyze app performance and user experience, and protect our users and prevent abuse. We may also process your information for other purposes with your consent. Content Moderation and User Safety: As part of our commitment to maintaining a safe environment, we process user reports and content flags within our content moderation policy and will review issues within 24 hours of submission. Any harassment, abuse, or objectionable content that does not align to our policies will be removed immediately upon review. We also reserve the right to eject the user from our application based on the content provided. We reserve the right to maintain records we deem appropriate (e.g. fo ruse in safety and legal compliance). All user reports are processed confidentially, and we take appropriate measures to protect the identity of users who submit reports. We retain moderation records only as long as necessary for safety purposes and legal compliance. 3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? Third-party sharing adheres to relevant privacy laws and is limited to necessary data. We opt to only share necessary information with third parties (e.g. crash reports to third party analytics service providers) where possible in order to help us improve our Services. Third party Ad Service providers are utilized by our Service in which we will provide data to personalize your experience in compliance with Apple App Store (App Tracking Transparency Policy) and Google Play Store policies where using these devices. 4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or send notifications. The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites. 5. HOW DO WE HANDLE YOUR SOCIAL LOGINS? Our Services offer you the ability to register and log in using your third-party social media account details (like Facebook or X logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, as well as other information you choose to make public on such a social media platform. We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps. 6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY? We may transfer, store, and process your information in countries other than your own. Our servers are located globally. Please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?” above), in and other countries. We implement appropriate safeguards, including standard contractual clauses approved by the European Commission, to ensure that your data is protected when transferred internationally. 7. HOW LONG DO WE KEEP YOUR INFORMATION? We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). Note, upon requesting the deactivation of your account we will automatically remove your personal data where possible but some data may require manual removal from our team to be completed as promptly as feasible given operational constraints and some data cached in our (or our third party providers’) Services may require additional time to process removal. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 8. DO WE COLLECT INFORMATION FROM MINORS? We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records, except as necessary to comply with legal obligations. If you become aware of any data we may have collected from children under age 18, please contact us at info@outxout.com. 9. WHAT ARE YOUR PRIVACY RIGHTS? Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. At any time you can request to terminate your account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases in accordance with the “HOW LONG DO WE KEEP YOUR INFORMATION” section above. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. 10. WHAT ARE YOUR CONTENT LICENSES? We will display content on our Services in accordance with the privacy policy conditions outlined in this document. By utilizing our Services you agree you hold the copyright to this content and grant us permission to display your content in accordance with our Privacy Policy outlined in this document. In addition, we leverage the Out x Out Venue and Event Licensing Policy for content directly uploaded to a Venue or Event page - this does not include simply tagging an Venue or Event which is covered by our broader Privacy Policy. Any content provided by a Venue or Event admin upon creating an Event or updating a Venue or Event page is included. As well as any content (e.g. venue images) that are explicitly uploaded to a Venue or Media page. This applies, but is not limited to, the following scenarios: As an Event admin you create or edit an Event page with details including but not limited to: event name, event media, event details (description, date/time, address, etc.). As an Venue admin you create or edit an Venue page with details including but not limited to: venue name, venue details (e.g. description, website links, address, etc.), venue media. As any user you upload media to a Event Page most commonly via (but not limited to) upload media buttons on Event Page or selecting share to Event media option on a post where an Event is already tagged and media was included. Simply tagging an Event in a post does not apply this license. As any user you upload media to a Venue Page most commonly via (but not limited to) upload media buttons on Venue Page or selecting share to Venue media option on a post where a Venue is already tagged and media was included. Simply tagging a Venue in a post does not apply this license. The license provides the rights for Event admins and Venue admins to share or remix (e.g. creating a collage, applying color filters, etc.) this content internally to the Out x Out Services (e.g. creating a post with Venue images). It also provide the rights for Out x Out to share or remix this content internally to the Out x Out Services as well as externally (e.g. promoting Venues and the broader Services in a marketing campaign). This licensing agreement can be dissolved at any time by either party removing or altering their content (e.g. user can delete their Venue media from Venue page, or Venue can remove anyone’s media from their Venue page). By entering the license agreement in the first place you agree the dissolve license agreement terms and conditions below. Users leveraging content under the Out x Out Venue and Event Licensing Policy agree to discontinue use of previously licensed content for new publications within a reasonable period after becoming aware of its removal. While immediate notification is not guaranteed, all parties are expected to verify content availability on the platform before reuse. Content already published (including ongoing campaigns) remains licensed and is not subject to retroactive removal. Users can flag any internal content for not adhering to the license agreement, reach out directly to the Venue or Event admins, or email info@outxout.com directly for support in removing any content that was publish prior to the content being removed. 11. CONTROLS FOR DO-NOT-TRACK FEATURES Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Although we do not currently respond to DNT signals, we provide alternative privacy controls, such as the ability to opt out of tracking on Android and iOS devices. 12. DO WE MAKE UPDATES TO THIS NOTICE? Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date at the top of this privacy notice. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. 13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? If you have questions or comments about this notice, you may contact us by post at: 7362 University Ave NE STE 310, Fridley, MN 55432. Or email at info@outxout.com 14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please email us at info@outxout.com. 15. WHAT ARE MY DISPUTE OPTIONS? Dispute Resolution and Governing Law This Privacy Policy, and any disputes arising out of or related to it, shall be governed by the laws of the State of Minnesota, USA, without regard to its conflict of law principles. To resolve any disputes, you agree to the following process: Informal Resolution: Before initiating any formal proceedings, you agree to contact us at info@outxout.com with a written description of the issue and all relevant documentation. We will have 90 days to address your concerns informally. Arbitration or litigation may not proceed until this 90-day period has concluded. Arbitration Agreement: If the issue is not resolved informally, you agree to resolve disputes through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in English in Minneapolis, Minnesota, USA. Exceptions to Arbitration: You or we may bring claims in small claims court if the claim qualifies. Additionally, you or we may seek injunctive or equitable relief for intellectual property disputes in a court of competent jurisdiction. Class Action Waiver: To the fullest extent permitted by applicable law, all claims must be brought on an individual basis. You waive any right to bring or participate in any class, collective, or representative action. This waiver is enforceable to the fullest extent permitted by applicable law. If any part is found unenforceable, the remainder shall remain in effect. Costs and Fees: Each party shall bear its own legal fees and arbitration costs, except where the arbitrator determines the claim is frivolous. In such cases, the party bringing the frivolous claim shall bear all arbitration costs and reasonable attorneys' fees incurred by the prevailing party. By using our Services, you agree to this dispute resolution process. If you do not agree, please refrain from using our Services.