Last Updated: November 25, 2019
Acceptance of Terms
Registration and Eligibility
You agree that you will not:
- create an account for anyone other than yourself without such person’s permission;
- create a username that is the name of another person with the intent to impersonate that person;
- create a user name or UOut account that is subject to any rights of a person other than you without appropriate authorization; or
- create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
UOut reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your UOut password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify UOut in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
The Services contain Content specifically provided by UOut or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
We may use your User Submissions in a number of ways in connection with our Sites, mobile app, Services and UOut’s business as UOut may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant UOut a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to UOut for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and UOut’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to UOut does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with UOut.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that UOut will not be liable for any errors or omissions in any Content; and that UOut cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.
When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.
Rules and Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by UOut in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without UOut’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of UOut or any third party;
- impersonates any person or entity, including any employee or representative of UOut;
- includes anyone’s identification documents or sensitive information; or
Out has a zero-tolerance policy against child pornography and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by UOut in its sole discretion) an unreasonable or disproportionately large load on UOut’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures UOut may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by UOut;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
- otherwise take any action in violation of UOut’s guidelines and policies.
Special Terms for Pages
If you have a “Page” on the Service, you also agree to the following:
- Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
- You may only administer a Page if you are an authorized representative of the subject of the Page.
- All Content posted on the Pages will be made available to all users of the Services.
- Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
- You will not direct your Page, or any Content on your Page, to children under the age of 13.
- You will not use deceptive practices to get users to “like” your Page.
Advertisements and Promotions
Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. UOut is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-UOut advertisers or third party information on the Services.
Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under UOut’s control, and you acknowledge that UOut is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by UOut or any association with its operators. You further acknowledge and agree that UOut shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
UOut has no special relationship with or fiduciary duty to you. You acknowledge that UOut has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release UOut from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. UOut makes no representations concerning any Content contained in or accessed through the Services, and UOut will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
UOUT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ALL LIABILITY OF UOUT, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF UOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UOUT, ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT UOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT OR USER SUBMISSIONS:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
- ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
For users not located in the EEA, the following arbitration and governing law provisions shall apply:
Solely in respect of users located in the EEA, the following governing law provisions shall apply:
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple Terms of Service
You acknowledge and agree that these Terms are a binding agreement between you and UOut, and which UOut is required to pass onto you by Apple: (a) these Terms are between you and UOut only, and not with Apple, and UOut is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) UOut, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).
Integration and Severability
You may contact UOut at the following address: 385 Main Street, Wakefield, MA 01880
Last Updated: November 25, 2019
UOut knows that you take your privacy seriously. We do, too. We intend to be transparent with you about our data practices and to give you control over the information we collect about you (your “Data”), some of which may identify you or from which you may be identified (“PII”).
UOut offers the following services:
Consumer Services, which include our website (UOUT.CO, the “Site”), our UOut mobile applications (the “UOut App”), our features (i.e. attributes that UOut makes available, such as the ability for users to save events), content (e.g. events, event photos, user activity notifications that UOut employees, users and venues may provide and widgets (i.e. applications that allow users to access the App) (collectively, the UOut App, (Apps, combined with the Sites, collectively, the “Consumer Services”).
Part I applies to Data about users of our Consumer Services (“UOut Users”).
Part II applies to all Data that we may collect and further process in the circumstances described in Part I.
Part I – UOut Users
Below are the types of Data we collect about UOut Users and the ways in which we may collect, use and share that Data.
What Data Does UOut Collect
Data You Provide To Us:
We receive and store Data that you provide to us when you create an account and use our Consumer Services. When you create an account, we collect your full name, email address, phone number, college (optional), graduation year(optional), city in which you created your account, and where applicable, your Facebook or Google or other social media username and other Data if you create an account using your third party log-in credentials (please see “Data Received From Third Parties” below). As you interact with us and use our Consumer Services, we also collect other Data that you directly provide to us, which on the Sites and UOut Apps may include pictures that you choose to upload to your account, any messages that you send to other users of the Apps, any restaurant or other venue searches you make, your likes, who you follow, check-ins, comments or tips you make, whether you have created or edited venues, survey responses, demographic information, and in both cases, any other Data that you voluntarily provide to us.
Data Collected When You Use Our Consumer Services:
If you opt-in to sharing your location with us, we automatically receive Data about your location and/or IP address whenever you interact with, or use, the Consumer Services (e.g. open the App, visit our Sites, etc.). If you opt-in to have background location turned on in our Apps, we will collect Data about you even when you are not using the Apps and the Apps are closed (as permitted by your device settings).
We use various technologies to determine your precise location, such as the location services of your operating system or browser, sensor data from your device (e.g. APIs from third party applications, magnetometer, barometer, gyroscopes, accelerometers, compasses, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other Data that may help us to understand your precise location.
We also collect additional Data about you when you use the Consumer Services. For example, we receive Data:
- relating to how you interact with the Consumer Services, such as your search terms, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or posts you make to the Consumer Services;
- relating to your device, such as your hardware model, operating system and version, unique ID and device identifiers, sensor activity, browser type, language, and wireless network, mobile device name, mobile apps installed; and
- collected by cookies and other technologies, such as cookie ID, advertising ID or other unique advertising ID, web beacons, local storage and pixels. You can control certain types of cookies through your browser settings or other tools. You may turn off location services at any time by going to your device settings and toggling off background location. For more information about location, please see “Determining and Sharing Location” below.
Data Received From Third Parties
We may receive Data about you from third parties, including Enterprise Customers (e.g. customers of our Media Products) and/or third parties with services that interact with the Consumer Services or that provide services to us, such as unaffiliated apps and websites (e.g., websites and applications offered by third party developers that integrate with our API, referral partners, advertising exchanges, ad platforms, ad networks or from our partners), and from other business partners, including third parties from whom we license data. This Data includes Data about your activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. If you created your account using your Google or Facebook account profile, we may receive certain information from these companies, such as your first name, last name, gender, birthday, email address, public profile, education, places you have lived, check-ins, events, current city, hometown and your unique ID assigned from these social media platforms. All data collection is in accordance with the authorization procedures granted by the applicable social media platform.
How Is My Data Used?
Below are the ways that we use Data about UOut Users.
To Operate, Maintain And Improve The Consumer Services
We use your Data to operate and maintain the Consumer Services, and to understand you better and tailor the Consumer Services to you. If you download more than one App, we combine your Data provided in each App. If you use the Consumer Services when you are not logged into your UOut account, when you subsequently log into your UOut account, we combine Data collected while you were not logged in with your UOut account.
We also use your Data for research and development, to improve the Consumer Services, or to offer new products, features and tools, and to infer certain details about you, including demographic information and whether separate devices are owned by you or by members of your household, but only to the extent that this is in compliance with applicable law. For example, we may redesign the Apps to make it easier for you to search for events and offers from establishments and venues in UOut.We also use your Data to customize our Apps and Sites to provide you with your own personalized experience. We do this by inferring your interests and preferences, looking at your search history, or in the UOut Apps, by allowing you to find and add friends who are also using the UOut Apps and Sites from your device’s contact list or, if applicable, your Facebook or Google account, if you have opted to connect these accounts to your UOut account. In these situations, we do not store your contact lists.
We also use your Data to help us map Locations (as defined below). For example, we may use device signals to determine that a particular device is within a particular venue. Additionally, if you consent to sharing crash data (when the Apps crash) with us, we may use that data to help us analyze the cause of the crash.
Communicate With You
We use your Data to communicate with you, including by email, text (only if you opt-in), or in our Apps, about new product offerings, updates to the Consumer Services, or anything else we think may be of interest to you. To opt out of receiving UOut marketing and promotional communications, please email feedback@UOUT.co and follow the instructions.
When you opt out of marketing and promotional communications from UOut, please note that we may still send you non-promotional communications, such as those about your account or any ongoing business relations.
Contests and Rewards
We may use your Data and completed surveys to enable you to earn points. You may redeem your earned points for rewards or sweepstake entries. If you elect to enter a sweepstakes, we will use your email address and name associated with your account to run the sweepstake and fulfill the prize to you.
Protection Of Our Rights
We use your Data in our Enterprise Services and in other services that we may provide to businesses. For example, we may identify where you shop and the places you visit to help our partners measure the success of a media campaign, to categorize your mobile advertising identifier in an interest-based segment based on where you shop or visit, or when partners use our SDK, we may receive certain Partner End User Data back (e.g., wifi end points, Visit Data, and other Data), including Data about UOut Users, if the Partner End-Users are also users of our Consumer Services. We may use this Data for our business purposes or to improve the Enterprise Services. As always, you can always opt-out of this type of sharing by disabling your background location services for the Apps.
Where GDPR applies to the processing of your PII, we rely on several legal bases. These include:
- When the processing is necessary to perform our contract with you, such as our Terms of Service. This may include providing you with our Consumer Services or tailoring the Consumer Services to your preferences;
- When the processing is necessary for our legitimate business interests (or those of our Enterprise Customers), including but not limited to, improving the Consumer Services, or understanding how users are using our Apps and Sites, providing our Enterprise Services and other services to businesses, marketing new features and other services that may be of interest to you;
When Is My Data Shared?
We do not rent or sell Data about you, unless the Data is anonymized, aggregated or pseudonymized, or you have given us consent to do so.
Data That May Be Shared With Other Users
When you use the UOut Apps and Sites, users may see some of your PII, such as your name, email address, phone number associated with your account, profile photo, hometown, college and graduation year, a list of your friends, any content or comments that you post, and which Apps you use. Your status related to a public event is shared with the UOut community. For example, if you choose “Interested,” “Going,” or “On My Way.” If for any reason you ever decide to delete your Data, your account and your Data will be permanently deleted from the UOut app.
When you communicate on or through the UOut Apps and Sites, such as by direct messaging to your friends or checking-in to a business, an establishment, or a location (each a “Location”), such as a bar, restaurant or venue, users may see this Data, too.
Publicly available Data such as the Data available in your user public profile, tips, likes, saves, public photos, lists that you create and follow and lists of friends and/or followers may be searchable by search engines and be shared with or disclosed to third parties, including through our Enterprise Services to our partners and customers.
Data That May Be Shared With Third Party Partners And Service Providers
We sometimes use service providers, vendors and contractors to provide or perform services on our behalf. These include providers who host our data or help us provide a better service to you. In these cases, we may need to share your PII with them. Our service providers, vendors and contractors will be subject to contractual obligations to: (i) only process the PII in accordance with our prior written instructions; (ii) not use the PII for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of the PII; together with any other additional requirements we have or that are available under applicable law. These service providers, vendors and contractors are in the following categories:
- cloud storage providers located in the United States, such as Amazon Web Services, which store your personal data that you provide to us, and for disaster recovery services;
- IT Services providers located in the United States that provide us with SaaS services who we use to help us manage our data effectively.
- analytics and search engine providers, such as Google, which store your personal data in the United States that assist us in the improvement and optimization of the website.
When we partner with a business, we may share Data with them but only in aggregate or in some cases, we may share an ID such as an advertising ID or a hashed identifier (“pseudonymized”). When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or went to its brick and mortar location. When such Data is shared with our partners to measure conversion, the Data is blurred so that your detailed location trail history cannot be retraced or identified. We may also share or disclose aggregated, pseudonymized, and/or anonymous Data to other third parties, including UOut Users you may follow, and developers who use our API or SDK, or our other Enterprise Customers, for analytical or other purposes.
When You Consent
- If you consent or authorize a third party app to access your UOut account, we may share your Data with such third party app. You can revoke your consent at any time in your UOut account profile settings. At this time, there is no third party authentication in the UOut Apps.
- We sometimes offer contests through the Consumer Services. In these cases, we partner with a third party to fulfill the prizes. If you have entered a contest, we will only share your contact information or other necessary information,
We may share your Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside your country of residence; to protect our rights, property, or safety of UOut, our employees, the Consumer Services and others.
We may share your Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.
Determining and Sharing Location
What About Cookies and Similar Technologies?
We may use technologies like cookies, pixels, web beacons, local storage and other identifiers on our Sites, in our emails, within our Apps and sometimes in third party apps that use our API or SDK to provide you with a range of products and services. We use these technologies for a number of purposes, such as for authentication, security, preference settings, advertising and analytics. We sometimes work with advertisers or other partners, and advertising service providers to serve ads to you on the Consumer Services, or a third party website or app, that may be relevant to you based on your interaction with the Consumer Services, including places you have “checked in”.
You can control cookies through your browser settings and other tools. If you reject cookies, this could affect the availability and functionality of the Consumer Services.
How do I Access or Delete My Data?
You may access and update your Data at any time through the profile tab in the UOut App.
If you delete your Data, your profile, including your check-in history and photos will be removed from the Consumer Services, and you will no longer be able to access such Data. We will not be able to restore your account once it has been deleted. Deletion of your account may not be immediate. Residual copies of your PII or posts may remain on backup media for a short period of time thereafter.
If you wish to delete your UOut account, you can do so by deleting the App or sending an email to email@example.com.
Additionally, we may store certain Data that is not PII, i.e. does not directly identify you, in our internal systems, which we may use in our Enterprise Services. We may also retain Data as required by applicable law and we will not delete any Data that is not PII, i.e., has already been anonymized.
If you have questions about accessing, updating, or deleting your Data, please email firstname.lastname@example.org.
Can I Opt Out?
How to Opt Out of Marketing and Promotional Emails and Text Messages
- By Email: You can opt out of marketing or promotional emails at any time by emailing us at email@example.com. You may also unsubscribe from emails in the footer of any marketing or promotional email. Please note that you cannot opt out of service or legal notices.
How to Remove Background Location Sharing?
If you use our Apps and have opted-in to sharing your background location with us, you may remove your permission at any time by going into your operating device settings and toggling off background sharing.
Below are the ways in which we may collect, use and share Data about Partner End-Users.
API or Data Files
We share Data with third-party developers via our API, which may also involve those third-party developers agreeing to share Data with us (for example, when a Partner End-User tags a social post with a Location they have visited using our API) about Partner End-Users with us. In some cases, they have committed not to share Partner End-User Data with us if it comprises PII or without the Partner End-User consenting to the sharing. We may also share Data with third-party developers via flat data files, and may receive a flat data file from developers in return.
App developers partner with us to use our SDK, which they integrate into their own apps to help them identify when Partner End-Users are near interesting places of relevance to their service (e.g. a nearby store with respect to which they can offer a coupon), personalize content or information alerts for their locale, identify accurate venue data (such as the geo-coordinates of a restaurant or store) or to better understand their end users by identifying how often their end users have visited a specific venue or chain store (“Visit Data”). When partners use our SDK, we receive certain Partner End-User Data back (e.g. wifi end points, Visit Data, and other Data) if our Partner has contractually agreed to allow us to retain and use such Partner End-User Data. We incorporate such Partner End-User Data into our Enterprise Services, and if contractually permitted, license such Partner End-User Data to business partners. In some cases, if contractually permitted, we share IDs such as an advertising IDs or other pseudonymized data.
In addition, we may acquire data from third parties and append such information to Partner End-User Data. We will delete Partner End-User Data if requested by our partners.
In the event that a Partner End-User is also a UOut User, we combine all data about the user into a single profile.
Part II – Individuals Described In Part I.
This Part II applies to Data about individuals we collect in the circumstances described in all of Part I
Your legal rights
Subject to applicable law, you may have a number of rights regarding the processing of your PII, including:
- the right to request access to, or copies of, your PII that we process or control, together with information regarding the nature, processing and disclosure of that PII;
- the right to request rectification of any inaccuracies in your PII that we process or control;
- the right to request, on legitimate grounds:
- deletion of your PII that we process or control; or
- restriction of processing of your PII that we process or control;
- the right to object, on legitimate grounds, to the processing of your PII by us or on our behalf;
- the right to have your PII that we process or control transferred to another data controller, to the extent applicable;
- where we process your PII on the basis of your consent, the right to withdraw that consent; and
- the right to file a complaint with a Data Protection Authority regarding the processing of your PII by us or on our behalf.
- This does not affect your statutory rights.
To maintain our commitment of safeguarding the privacy of your PII, we will only process requests, including but not limited to, data access requests, data deletion requests, data portability requests, if we are able to verify or authenticate your identity. If we are unable to verify or authenticate your identity, we will not be able to fulfill your request. If you are not an end user of the Apps or are not an end-user of a Partner App, we cannot fulfill your request as there is no way for us, at this time, to accurately verify or authenticate your identity.
If you believe we have obtained your Data from an Enterprise Customer or another third party (e.g. publisher), and wish to exercise a right to access or export or delete that data, please contact the relevant Enterprise Customer or third party to exercise any rights you may have. We do not have control over their policies. However, if notified by an Enterprise Customer or third party to delete your Data, we will honor such requests and promptly delete Data about you that we obtained from such Enterprise Customer or third party.
If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or Data removed from the publicly-viewable portion of this web site by logging into your account and removing your posted content or Data from the webpage where it is posted, or contacting us directly. Content or Data may not be removed from our systems or databases. In certain situations, content or Data cannot be removed.
As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your Data for such third parties’ marketing purposes and the categories of Information we may disclose. See Contact Us below.
We use industry standard physical, technical, and logical security measures to protect your Data. We endeavor to safeguard your Data to ensure that it is kept secure. However, we cannot guarantee the security of Data in an account from unauthorized entry or use, hardware or software failure, and other factors.
Your account is protected by a password that you have chosen. We recommend using a password that is unique to your UOut account. If you use the Consumer Services on public or shared networks (e.g. public wifi), we cannot ensure the security of your account.
Children under 13
Neither the Consumer Services nor the Enterprise Services are directed to individuals who are under 13 years of age. We do not knowingly collect any Data from children under 13. If you notice or suspect that a user is under 13, please contact us immediately at firstname.lastname@example.org.
- by mail: U Out, Inc., 385 Main Street, Wakefield, MA 01880