OUR TERMS OF SERVICE & PRIVACY POLICY

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THEAPP from LGBTQ.ONE  TERMS OF SERVICE

THEAPP is a subscription-based service from LGBTQ.ONE available in One Month, 12 month and 36 Month subscription packages. A debit or credit card is required for subscription. Subscribers agree to these TERMS OF SERVICE upon placing a subscription to THEAPP. Subscriptions automatically renew unless canceled by the subscriber. There are no contracts. You can cancel your subscription to THEAPP at any time. 

ALL CANCELATIONS MUST BE PROVIDED IN WRITIING BY 

E-MAILING BILL@THEAPP.ONE. 

Cancelations must be received in writing no later than 10 days prior to the end of the billing period. Notices of cancelation received less than 10 days prior to the billing date or on or after the billing date will be canceled at the end of the next billing cycle. THEAPP is subscription based. You may cancel at any time. Please see our privacy policy for more information. 

ALL SALES ARE FINAL, WE DO NOT REFUND! 

WE RESPECT YOUR PRIVACY ~ HERE IS OUR TERMS OF SERVICE & PRIVACY POLICY

Information We Collect

We collect information you provide directly to us, information from third parties, and information that We collect through automated means.

We may collect the following categories of information about You or your Use of the Services:

1. IDENTIFIERS: Registration information you provide when you create an account or a Campaign, enter a promotion, sign up for updates and newsletters from a pre-launch Campaign page, or link your profile on a third-party site or platform with your registered account, such as your name, country of residence, gender, date of birth, email address, phone number, username, and password.

2. COMMERCIAL INFORMATION: Transaction information you provide our third-party payments provider when you contribute or contact Indiegogo for contribution status such as the last four digits of your credit card information shipping address, and phone number if you are making a Contribution for a Perk that needs to be shipped. Please note that in most cases, Indiegogo cannot view or access all of the information you provide to us for compliance purposes, such as complete bank account numbers or government IDs, as this may be transmitted via automated means directly to the vendor that requires that compliance information.

3. FINANCIAL INFORMATION: Information you provide to our third-party payment processor when you create a Campaign including limited banking information, contact information such as your phone number, email address, mailing address.

4. COMPLIANCE INFORMATION: Information you provide to us that is used for compliance purposes when you make a Contribution or create a Campaign, such as your government ID, information needed for tax forms, other information required by our third-payment processor.

5. INFORMATION YOU CHOOSE TO SHARE PUBLICLY:

1. Information you provide in public forums on our Site and applications

2. Information sent directly to another User, post, or similar functionality, where We are permitted by applicable law to collect this information.

6. INTERNET, NETWORK or DEVICE INFORMATION:

1. Information We obtain from a third party, such as a site or platform provider, about the use of our Site or Services on third-party platforms or devices. 

2. Location information, including provided by a mobile or other device interacting with one of our Sites or applications (including through beacon technologies), or associated with your IP address, where We are permitted by law to process this information. 

3. Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our Services, and your preferences. 

4. Usage, viewing, technical, and device data when you visit our Sites, use our applications on third-party sites or platforms, or open emails We send, including your browser or device type, unique device identifier, and IP address.

7. ANY MISCELLANEOUS DATA YOU CHOOSE TO PROVIDE:

1. Professional or employment related data you provide or link to in Campaigns, comments, or updates

2. Legally protected classifications, if you reveal gender in a public forum for example

3. Inference data about you

4. Physical characteristics or descriptions such as if you provide us with a photograph or video

5. Sensory information such as if you call and leave a voicemail; and

6. other information that identifies or can be reasonably associated with you.

You may decline to provide us with your information. However, this will limit your ability to register for an account or use our Services. You may Contribute to a Campaign without creating an account to use our Services, but We will still need to collect required information for compliance purposes in order to process your Contribution. However, to adjust your Contribution, save payment details for future Contribution, comment on a Campaign, and take most other actions on our Site, you will need to finish creating an account.

How we collect information

1. We collect information you provide to us when you access and use Our Site, request or purchase our Services, request information from Us, register with Us (including when you link your profile on a third-party site or platform with your registration account), participate in public forums or other activities on our sites and applications, respond to User surveys, or otherwise interact with us online or offline.

2. We collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered. Please visit our Cookie Policy for further information, including how to use Do Not Track signals and how to disable cookies and otherwise make choices with respect to such data collection.

3. We collect information using analytics tools, including when you visit our sites and applications or use our applications on third-party sites or platforms.

4. We acquire information from other trusted sources to update or supplement the information you provided, or We collected automatically, such as when We validate postal address information using third-party services. Applicable law may require that you authorize the third party to share your information with us before We can acquire it.

5. If you access our Services through a third-party connection or log-in (like a social network), We may collect certain information from your social network profile. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. If you do not want to share information from your social network profile, do not access our Services through that third-party service.

How we use this information

Consistent with applicable law and choices and controls that may be available to you, We may use information collected (including the categories set forth above) from you, or from devices associated with you:

1. To enable us to provide you with our Services, and to improve and promote our Services.

2. To communicate with you about your account or contributions on our Site and send you information or request feedback about features on our site and applications or changes to our policies.

3. For our marketing and third-party marketing purposes: to send you targeted offers and promotions for our products and Services or third-party products and services.

4. Personalize the Services, content and experiences.

5. Operate, understand, optimize, develop, or improve the Services, our sites, applications, products, services and operations, including by performing User market research and using analytics tools.

6. Bug detection and error reporting.

7. Audit interactions on the Services including to measure the placement, frequency, efficacy and compliance of advertising and ad impressions.

8. Security, Fraud, and Legal Compliance, including to detect, investigate and prevent activities that may violate our policies or be illegal.

9. We may aggregate and/or anonymize any information collected through the Service so that such information doesn’t directly identify you. (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose and share such data with any third parties, including advertisers.

How we share your information with third parties

We may share the categories of information identified above for the following business and commercial purposes:

1. When you Contribute to a Campaign, We share your Contribution information with the Campaign Owner so that the Campaign Owner can, for example, send you Perks, provide you with customer service, conduct market research, and comply with our Additional Terms and policies. Please note that once We share your personal information with a Campaign Owner, the information received by the Campaign Owner is controlled by that company and becomes subject to the Campaign Owner’s privacy practices.

2. We also share certain types of Contribution information with necessary third parties for compliance purposes like payment processing or identity verification.

3. When you create a Campaign, We share some of the information you provide with necessary third parties for financial compliance purposes, such as preparing for Campaign disbursement or sending you tax forms.  In order to comply with certain business disclosure requirements, We may share your contact information when a dispute arises.

4. Please note that once We share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices. When you allow us to share your personal information with another company, such as: Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services, and directing us to share your personal information with third-party sites or platforms, such as social networking sites.

5. When companies perform services on our behalf, like targeted marketing and advertising via hashed information, and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law.

6. When We share your personal information with third parties in connection with the actual or proposed sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our Users and third parties, to protect our rights and property and the rights and property of our Users and third parties, to comply with legal process (including to comply with national security or law enforcement requirements), or in other cases if We believe in good faith that disclosure is required by law.

7. When We share your personal information with your consent, including when you post personal information on public forums or blogs accessible to third parties.

8. We may also share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not directly identify you.

Your controls and choices

The laws in some jurisdictions require us to provide you with the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Information for residents of certain jurisdictions is below. To the extent that those laws apply to you, your controls and choices may include any of the following:

1. Updating or deactivating your Indiegogo account.

2. Choosing or changing your choices for subscriptions, newsletters, and alerts.

3. Choosing whether to receive offers and promotions for our products and Services from us or offers for products and Services that We think may be of interest to you.

4. Choosing whether We share your personal information with other companies that would like to send you offers and promotions about their products and services.

5. Choosing whether you accept all cookies or other similar devices on our Site.  Our Site does respond to do-not-track signals.

6. Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers (by visiting the Digital Advertising Alliance).

7. Controlling whether you want us to access location information, such as by controlling or disabling location services on your mobile device’s settings menu.

8. Choosing to control targeted advertising you receive within applications by using the settings and choices made available to you on our Site, through your device(s), and browsers, and by opting out of interest-based ads.

9. Requesting removal of your personal information from a public forum on one of our sites or application.

Please be aware that if you do not allow us to collect personal information from you, We may not be able to deliver certain experiences, products, and Services to you, and some of our Services may not be able to take account of your interests and preferences. If you have questions about the specific personal information about you that We process or retain, and your rights regarding that personal information, please contact us.

General Data Protection Regulation (“GDPR”)

The following sections on GDPR applies to individuals in the European Economic Area (“EEA”). If you are not sure whether the GDPR section applies to you, please refer to the text of the regulation here or consult with an attorney as LGBTQ.ONE is not able to give you legal advice.

Who is the Data Controller?

LGBTQ.ONE is the “data controller” of personal data collected by all of LGBTQ.ONE entities, and We are responsible for deciding how personal data is collected, used, and disclosed. Campaign Owners may also be data controllers of certain data that you provide to Campaign Owners when you make a Contribution to a Campaign or through any of our other Services.

You should be aware that when you provide information to us using a third-party site or platform, (Stripe for example) the information you provide may be separately collected by the third-party site or platform. The information We collect is covered by the LGBTQ.ONE Privacy Policy only, and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third party’s site or platform will not apply to our use of the information We have collected directly through our Site or Services. Please also keep in mind that our Site and Services may contain links to other sites not owned or controlled by us and We are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our Site or Services and to read the policies of other sites that may collect your personal information.

LEGAL BASES FOR USE OF YOUR INFORMATION & CONTROLS AND CHOICES

The laws in the European Economic Area (“EEA”) and some other jurisdictions require us to provide Users, to the extent those laws apply to such Users, with the following information:

LEGAL BASES FOR USE OF YOUR INFORMATION & CONTROLS AND CHOICES

The legal grounds for use and disclosure of personal information include any of the below reasons:

1. As necessary to perform our obligations under any contract with you, including to provide for Campaign disbursement, manage your Campaign or otherwise comply with the LGBTQ.ONE Terms of Use.

2. On the basis of consent, such as to send you certain information, including marketing communications, to share your information with partners when you have requested We do that, or to collect and process your information for research purposes if you have Contributed to a Campaign, or otherwise agreed.

3. For our legitimate interests or the legitimate interests of others such as to ensure the security of our Sites, operate and improve our business and our Sites, respond to your questions, engage in certain marketing, make and receive payments, comply with our legal obligations, prevent fraud, conduct analysis, enforce our Terms, engage in a business change (e.g., sale, merger), to know the User to whom We are providing the Service, and to create anonymous data.

4. To protect the vital interests of the individual or others. For example, We may collect or share personal data to help resolve an urgent medical situation.

Controls and Choices:

1. In addition, Users in the European Economic Area and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether We hold personal data about them, to access personal data We hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways (for example, if you opt out of the use of your telephone number for direct marketing, We might still decide to contact you by phone regarding potential fraud on your account).

2. Users in the European Economic Area have the right to opt-out of all of our processing of their personal data for direct marketing purposes. To exercise this right, you may take control of your data in the top right-hand corner.

3. The rights and options described above are subject to limitations and exceptions under applicable law. In situations in which We process personal data on behalf of our User, We may refer the request to the relevant User and cooperate with their handling of the request, subject to any special contractual arrangement with that User.

4. In addition to these rights, Users in the European Economic Area have the right to lodge a complaint with the relevant supervisory authority. However, We encourage you to contact us first, and We will do our very best to resolve your concern.

HOW WE PROTECT YOUR INFORMATION AND DATA RETENTION

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect User information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.

We will retain your personal information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. To dispose of personal data, We may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY

We operate globally and may transfer your personal information to third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, We will take steps to safeguard the privacy of your personal information. Starting September 25, 2021 We are utilizing Standard Contractual Clauses (“SCC”) in our standard agreements.

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