Privacy Policy

Last Updated: July 17, 2019

This privacy statement ("Statement") describes how Outlast and its affiliates and related companies ("Company", “Outlast”,“we”, “our”, and “us”) collect, use and share personal information of users of this website, Outlast.earth, our online services, any applications and web pages that post, specifically reference and incorporate this Statement (all of the foregoing, collectively, the "Site"), whether accessed via computer, mobile device, or other device (collectively, “Device”). This Statement does not apply to websites that post different statements.

This Statement describes the types of personal information we collect through the Site and how that personal information may be used and/or with whom it may be shared.  This Statement also describes how you can reach us to update your personal information, access and control the use of the personal information, or get answers to questions you may have about our privacy practices at this Site.  Please read this Statement carefully, because by accessing and using this Site you are acknowledging that you understand and agree to the terms of this Statement.  In addition, please review our Terms of Service, which governs your use of this Site.

CONSENT
Consent to Data Collection and Processing

You hereby agree with and consent to the collection and processing of your personal information as described in this Statement.

Consent to International Data Transfers

Your personal information may be collected, processed and stored by Outlast or its service providers in the United States and other countries where our servers reside.  Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. You hereby agree with and consent to the transfer of your personal data to the United States and other countries where Outlast operates.

Withdrawal of Consent.

You have the right, at any time, to withdraw your consent to Outlast’s collection and processing of your information, or to the transfer of your personal data to the United States and other countries where Outlast operates. You may withdraw your consent by emailing Outlast at support@outlast.earth.

WHAT WE COLLECT

As you interact with Outlast, there may be opportunities for you to provide us with your information.  Additionally, we may collect certain information about you as further described below.

Information You Give Us. The categories of personal information that Outlast collects about you may include, but are not limited to: 

  • Identifiers/Contact/Account Information (such as name, postal address, email address, username, and password)
  • Demographic Information (such as gender, date of birth, marital status and household composition)
  • Information about your connected devices (such as mobile phone, computer or tablet) and how you interact with our products, services, apps and websites (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information)
  • Marketing profile information
  • Inferences drawn from other personal information (such as personal preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes)

We obtain the categories of personal information listed about from the following categories of sources:

  • Directly from you as described herein
  • Indirectly from you, for example, through information we collect in the course of providing services and products
  • Directly and indirectly from activity on this Site, for example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site
  • From third parties that interact with us in connection with our services and products

Passive Information Collection and Use

As you navigate the Site, certain information can be passively collected (that is, gathered without you actively providing the information), using various technologies.  We passively collect and use information in a variety of ways, including:

  • Through your browser and Device.  Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version.  We collect Device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your Outlast account.
  • Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

You can choose to accept or decline cookies.  Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer.  If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies.  If you set your browser to reject cookies, part of the Site may not work for you.

  • Pixel tags, web beacons, clear GIFs, or other similar technologies:  These may be used in connection with some Site pages to, among other things, track the actions of Site users and compile statistics about Site usage and response rates.
  • IP Address:  Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider.  An IP Address is identified and logged automatically in our server log files whenever a user visits this Site, along with the time of the visit and the page(s) that were visited.  Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.  We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering this Site.
  • Do Not Track Requests:  Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes.  The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively management the settings on your browser or Device to delete and disable cookies and other tracking/recording tools.  Please note, depending on your type of Device or browser, it may not be possible to delete or disable all tracking mechanisms on your Device.

We permit third-party advertising partners to use the foregoing tracking technologies to collect information about your browsing activities over time and across different websites when you use the Site.  For example, we use advertising services providing by third-party ad partners, such as Google, to market our service to you on other websites and online services.  Through a process called “retargeting,” each service places a cookie on your browser when you visit the Site so that they can identify you and serve you ads on other sites around the web based on your browsing activity.  To avoid use of this information for advertising by these third-party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third-party ad partners honor the Do Not Track browser signal.  Additionally, many advertising companies are members of the NAI or DAA and/or provide opt-outs on those industry pages at networkadvertising.org/choices or aboutads.info/choices.

[We utilize Google Analytics on the Site. Google Analytics is a website analysis service provided by Google, Inc. (“Google”). Google utilizes the data collected to track and examine the use of this Site, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. For more information on Google’s Privacy Policy go to https://www.google.com/intl/en/policies/privacy/. Users can opt-out of Google Analytics tracking at https://tools/google.com/dlpage/gaoptout/.  Some additional Google Analytics features that Outlast uses are:

  • Google Analytics Demographics and Interest Reporting – allows Outlast to see the age, gender and interests of website visitors to better understand them and personalize advertising.
  • Google Display Network Impression Reporting – for banner ads.
  • Remarketing through Google Analytics for Display Advertising – allows personalization of ads on our ad networks.
  • User ID Extension for Google Analytics – allows Outlast to connect multiple devices, sessions and engagement data.

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.]

USE OF PERSONAL INFORMATION

We use your personal information as follows:

  • We use your personal information to operate, maintain, provide, and improve our sites, products, and services.
  • We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • We use your personal information to link or combine user information with other personal information.
  • We use your personal information to administer your account.
  • We use your personal information to autofill data fields on our Sites to improve your online experience.
  • We use your personal information to develop new products and services and for research, evaluation of use, and troubleshooting purposes.
  • We use your personal information for marketing and analytics purposes.
  • We use your personal information to comply with legal, regulatory, or contractual requirements.
  • From time to time Outlast may include surveys, information requests, or other features on the Site that ask you to provide personal information such as your name, telephone number, email address or mailing address. Any information you may provide will be used by Outlast to allow you to participate in the particular feature being offered. Outlast may also retain any information you provide in order to send you information about Outlast’s products and services that may be of interest to you. Outlast will provide you with the opportunity to opt-out of receiving such communications. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.

Communications with you in connection with these uses may be via mail, telephone, email, text message, social media, or other electronic messages, via our websites and applications.

You will be informed what personal information is required and what information is optional when asked to submit personal information to us.  By submitting personal information to Outlast at this Site, you hereby consent to Outlast’s collection, use and disclosure of such personal information.

We may combine the personal information you submit directly through this Site with other personal information we have collected from you, whether on- or offline.  We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources (including information from your publicly available social media profiles), and other third parties.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • We may share personal information for legal, protection, and safety purposes.
  • We may share information to comply with laws.
  • We may share information to respond to lawful requests and legal processes.
  • We may share information to protect the rights and property of Outlast, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
  • We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

In the preceding 12 months, we have not sold any personal information.

In the event that Outlast begins selling personal information, this Statement will be updated to reflect that sale and you will be notified of such update. Additionally, you will be provided the ability to opt-out of the sale of your personal information collected by Outlast by sending an email to support@outlast.earth.

In the last 12 months, we have disclosed these categories of personal information about consumers for a business purpose:

  • Personal identification information such as real name, postal address, online identifier, IP address, email address, and account number.
  • Internet or other electronic network activity, including but not limited to, browsing history, search history, and information regarding your interaction with the Site.
  • Payment information
INFORMATION CHOICES AND CHANGES

Outlast and its affiliates may send you regular promotional communications about our products, services, events and promotions. Such promotional materials may use the “Outlast” brand and may be sent to you via different channels, such as: email, phone, SMS text messages, postal mailings, and third party social networks.  In order to provide you with the best personalized experience, sometimes these communications may be tailored to your preferences (for example, as you indicate these to us, as we may have inferred from your Site visits, or based on the links you click in our emails).  When required by applicable law, we will obtain your consent before starting these activities.  In addition, you may withdraw your consent (opt-out) at any time.

Our marketing emails tell you how to "opt-out." If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.  Please note that even if you opt-out from receiving marketing communications, you might still receive administrative communications from us, such as technical updates of our products, order confirmations, notifications about your account activities, and other important notices.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION

Personal information will be collected, stored, processed, and transmitted in accordance with Outlast’s established policies and applicable federal, state, local and foreign laws, rules and regulations.

The principles of Outlast with respect to the processing of personal information are as follows:  (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by Outlast will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and processed, (4) personal information collected by Outlast will be accurate and, where necessary, kept up to date to the best of our ability, (5) personal information collected by Outlast will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected, and (6) personal data will be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

If Outlast engages in the processing of personal information for purposes other than those specified in this Statement, Outlast will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information.

THIRD PARTY SITES AND SERVICES

This Statement does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Site or to which this Site contains a link.  The availability of, or inclusion of a link to, any such site or property on this Site does not imply endorsement of it by us or by our affiliates.

Third parties may offer products and services on the Sites and collect information about you by requesting certain information necessary to provide a particular product or service (including, for example, insurance coverage for your Outlast products or reports of insurance claims). Outlast may also obtain certain information about its users from third party customer research groups (e.g., demographic information) which Outlast uses to learn more about its customers. Outlast does not control the policies and practices of third parties in relation to the use and disclosure of any information about users collected by third parties on the Site or in market research programs conducted by such third parties and any use or disclosure of such information by third parties is not governed by this Statement.

CHOICES AND ACCESS

We give you choices regarding our use and disclosure of your personal information. Outlast provides you with the opportunity to receive information by email, regular mail or telephone calls from Outlast, or third parties which may be of interest to you, including information relating to new products and services offered on the Site by Outlast, or other third parties.  If you do not want to receive any information by email, regular mail or telephone calls, you may opt-out of further communications provided by Outlast at any time by: (i) sending Outlast an email at support@outlast.earth; or (ii) writing to Outlast at One South Church, 1 S Church Ave Suite 1200, Tucson, AZ 85701, Attention: Webmaster. Please note that Outlast can only comply with requests relating to email, regular mail or telephone communications provided by Outlast. If you no longer wish to receive further information by email, regular mail or telephone from any third party, you will need to contact such third party directly to opt-out of further communications being provided to you.  We will seek to comply with your request(s) as soon as reasonably practicable.

If applicable, and you would like to review, correct, update, or delete the personal information that you have provided via this Site, please contact us.  We will try to comply with your request as soon as reasonably practicable.

ACCURACY

It is your responsibility to provide Outlast with accurate personal information.  Except as otherwise set forth in this Statement, Outlast shall only use personal information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you.  To the extent necessary for these purposes, Outlast shall take reasonable steps to ensure that personal information is accurate, complete, current and relevant to its intended use.

YOUR RIGHTS OVER YOUR INFORMATION

European Data Subjects

The following section of this Statement only applies to those residents of the European Economic Area and Switzerland (“Europe”). In Europe, “Personal Data” is defined very broadly and includes any information about a natural person, who can be identified, directly or indirectly, from data that we hold about them or from data that is combined with other information. Europe data protection law requires us to have a legal basis before processing any Personal Data about you.  The legal basis’ for us processing your Personal Data for the above purposes may be because: (i) you have provided your consent; (ii) it is necessary to for the performance of a contract with you; (iii) the processing is necessary for our compliance with a legal obligation; or (iv) the processing is in our legitimate interests. To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Data. In some circumstances, withdrawing your consent to Outlast  use or disclosure of your Personal Data will mean that you cannot take advantage of certain Outlast products or services.

We may transfer your Personal Data outside Europe to the United States or any country that Outlast or its service providers may have operations. Such countries do not have the same data protection laws as Europe. Any transfer of your personal information will be subject to a European Commission approved contract (as permitted under the General Data Protection Regulation) that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of such safeguards please contact us.

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

  • fair processing of your personal data and transparency over how we use your personal data;
  • access to your personal data and to certain other supplementary information that this privacy policy is already designed to address;
  • require us to correct any mistakes in your information which we hold; 
  • require the erasure of personal data concerning you, in certain situations;
  • receive the personal data concerning you that you have provided to us, in a structured, commonly used and machine readable format, and have the right to transmit that data to a third party, in certain situations;
  • object at any time to processing of personal data concerning you for direct marketing;
  • object to decisions being taken by automated means that produce legal effects concerning you or similarly significantly affect you;
  • object in certain other situations to our continued processing of your personal data; and
  • otherwise restrict our processing of your personal information in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, please review the Guidance from the UK Information Commissioner’s Office (ICO) on the individual rights under the General Data Protection Regulation (or other relevant guidance).

If you would like to exercise any of these rights, please email, call, or write to us with the following: (1) enough information to identify you; (2) proof of your identity and address; and (3) the information to which your request relates.

California Privacy Rights

The following section of this Statement only applies to California residents. The California Consumer Privacy Act (the “CCPA”) grants users of our Site that are California residents certain rights in regards to our collection of personal information. These rights include:

  • The right to request the disclosures of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom the business shares personal information; and (5) the specific pieces of personal information Outlast has collected;
  • The right to request the deletion of their personal information that has been collected; and
  • The right to opt-out of the sale of their personal information.

Under the CCPA, a data subject may only make a personal information request twice in a 12-month period. Outlast will respond to such personal information request within 45 days of receiving the personal information request.

Exercising Your Rights

To exercise your rights as described herein, you may submit a verifiable consumer request to us (as described above) by contacting us via the contact methods provided in the CONTACTING US section below. Outlast will not discriminate in any way against any users of the Site that exercise their rights provided by law.

RETENTION PERIOD

We retain your personal information for the period necessary to fulfill the purposes outlined in this Statement, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

SECURITY

Outlast has implemented security measures designed to protect personal information provided by you against unauthorized access and use. Outlast also uses commercially reasonable efforts to establish secure connections with your web browser for any transactions conducted online using a credit card or other financial information you may provide to Outlast. Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the CONTACTING US section below.

USE OF SITE BY MINORS

We do not intentionally collect information from individuals under the age of 13. We request individuals under the age of 13 not provide personal information through this Site.

COMPLIANCE WITH LOCAL LAWS

This Statement is meant to guide Outlast to with respect to personal information collected from or about you at this Site.  While this Statement applies to personal information generally, the local laws, rules and regulations of jurisdictions that are applicable to Outlast  (“Local Laws”) may require standards which are stricter than this Statement and, in such event, Outlast will comply with applicable Local Laws.  Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions. All the information you provide may be transferred or accessed by entities around the world as described in this Statement. Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), you specifically acknowledge and consent to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules, and a lower standard of required protection, than in your country. Irrespective of which country your personal data is transferred, we would only share your personal data under a ‘need to know’ basis.  In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by organizational, technical, contractual and/or other lawful means

COMPLIANCE

Outlast will use a self-assessment approach to verify compliance with this Statement and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible. 

If you believe that your personal information has been processed or disclosed in violation of this Statement, Outlast encourages you to raise any concerns using the contact information provided in this Statement.  Outlast will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information.

YOUR RIGHT TO COMPLAIN

If you have a complaint as to our use of your information, you may file a complaint with us, the GDPR supervisory authority, the California Attorney General, any other governmental agency, and/or a judicial body. 

A complaint may be submitted directly to Outlast:

  • In writing by sending an email to Support@Outlast.earth
  • In writing by sending a letter to One South Church, 1 S Church Ave Suite 1200, Tucson, AZ 85701; or
  • Orally by directly contacting (870) 537-9645; 
CONTACT INFORMATION

We welcome your comments or questions about this privacy statement. You may also contact us at our address:

Support@outlast.earth

CHANGES TO THIS PRIVACY STATEMENT. We may change this privacy statement. If we make any changes, we will change the Last Updated date above.