Last updated: 10/13/2022

TRACE App, Inc. (“us”, “we”, “our,” or “TRACE”) operates the www.thetrace.app website (the “Website”) and the TRACE mobile application and related services (collectively, the “Services”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use the Services.

BY VISITING OR USING THE SERVICES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY.  IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS TO NOT USE THE SERVICES.  YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.  BY UPLOADING PERSONAL INFORMATION TO THE SERVICES, YOU WARRANT THAT YOU HAVE THE RIGHT TO TRANSFER SUCH INFORMATION OUTSIDE YOUR COUNTRY AND INTO THE UNITED STATES.

Children’s Privacy

People under 13 years of age are not permitted to use the Services for any purpose and TRACE does not collect information from or about anyone under the age of 13.  If we learn we have collected or received personal information from or about a person under 13, we will delete that information. If you believe we might have any information from a person under 13, please contact us at support@thetrace.app.

The Information We Collect

Information and Content You Provide; Your Use of the Services. We collect the content, communications and other information that you provide when you use the Services, including but not limited to, when you sign up for an account, create or share content, store documents, or message or communicate with others. Information collected may include metadata, such as the location or date of a photo. We collect information regarding how you use the Services, the content that you engage with, the actions you take, the other users that you interact with, as well as the time, frequency and duration of your activities. When using the Services, you may choose to provide information on publicly accessible portions of the Services or share information with other registered users through private messages.  Please be aware that any information you publicly post on the Services may be viewable by TRACE members or the general public. We recommend you use caution when publicly posting or sharing private information on the Services and that you do not post personal information or other information you are not comfortable sharing with the general public.    

Information Provided by Users. We may also receive information about you when other users provide content or information to Us. Such information may include your contact information, or information related to a photo of you or a message to you. 

Information Provided by Partners. We may also receive information provided by other third parties, such as advertisers or businesses, including information about your activities outside of Services. Such information may include information about your device, websites you visit, advertisements you view, and how you use their products or services. We require partners to have lawful rights to collect, use and share your data before providing such data to us. 

Network and connections; Device Information. We collect information regarding the people, accounts, and groups that you are connected to and interact with. We may collect contact information when you choose to upload information to the Services, which we may use to help you and others find people that you may know and for other purposes listed herein. If you’re using the Services on your mobile device, you may also choose to provide us with location data. We collect information from and about the computers, phones, and other web-connected devices that you use to access our Services and combine this information across such devices. For example, we may use the information collected from your phone to better personalize advertisements or measure whether you took an action in response to an advertisement that we showed you on a different device. 

Information about transactions. If you use the Services to purchase an item or for other financial transactions (such as to make a donation or purchase a subscription), we may collect information about the transaction. TRACE uses Apple and Google to process your payments for in-app purchases. Your payment information is subject to the privacy policy and terms of use of the applicable payment provider. We recommend you review these policies before uploading any credit card or other payment information. TRACE does not have access to your payment information and does not store this information on our servers.

Technical Data. Like most website operators, TRACE collects non-personally-identifying information of the sort that web browsers, mobile applications and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request when visitors use the Services. TRACE’s purpose in collecting non-personally identifying information is to better understand how TRACE’s visitors use the Services. From time to time, TRACE may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Services.  TRACE also collects potentially personally-identifying information like Internet Protocol (IP) addresses and may collect statistics about the behavior of visitors to the Services. For instance, TRACE may monitor the Services to help identify spam. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). In addition to log data, we may also collect information about the device you’re using to access the Services, including the type of device, the operating system, device settings, device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. To learn more about the information your device makes available to us, please review the policies of your device manufacturer or software provider.

Analytic Tools; Cookies. We use different analytic tools which serve the purpose of measuring, analyzing and optimizing our marketing measures and provide you with customized advertisements that could be of particular interest to you. In particular, we may use the following tools:

  • Google Analytics uses cookies which enable an analysis of your use of the Sites. The information collected (IP address, browsing activities and other data linked to your usage of the Sites) is usually transferred to a Google server in the USA and stored there. You can prevent Google Analytics from recognizing you on return visits to the Sites by disabling cookies on your browser. To see how you can opt-out of certain Google features, visit: Google Analytics Opt Out Link.

  • Google Tag Manager helps to manage website tags through a single interface. The tool itself (implementing the tags) triggers other tags that may themselves collect (personal) data. However, Google Tag Manager does not access this data.

  • The LinkedIn Insight Tag is a lightweight JavaScript tag that powers conversion tracking, website audiences, and website demographics for LinkedIn ad campaigns. The Insight Tag is incorporated as a standard component of our Site to enable these LinkedIn features. To see how you can opt-out of certain LinkedIn features, visit Linkedin Opt Out Link.

We also use “cookies” to collect information in order to improve our Services. Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of the Services so we recommend that you leave them turned on. We may also use remarketing cookies to advertise on third party web sites, such as Twitter and Facebook, after you use the Services.

How We Use Your Information

We use the information we collect to provide you full access and functionality of the Services.  Accordingly, your information may be used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and accounts; (iii) to enable users to enjoy and easily navigate the Services; (iv) to better understand your needs and interests; (v) to fulfill requests or to respond to questions or comments you may make; (vi) to personalize your experience; (vii) to provide you with announcements, notifications and advertisements related to your interests and use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging; (viii) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people that use their services, apps or websites; (ix) to provide service announcements; (x) to protect against users seeking to hack into the Services; (xi) to assess the level of general interest in the Services; (xii) to provide a more tailored and consistent experience on all devices and platforms; (xiii) conduct and support research and innovation to support the health and well-being of the transgender and non-binary community; and (xiv) for any other purpose with your consent. 

How We Disclose Your Information

Public Posting. You may choose to post a question or comment on our message boards.  Please be aware that any information or images you post will be publicly available. 

Other Disclosures. 

We may disclose non-personally identifiable aggregated information about our users without restriction.

Except as otherwise provided in this policy, we disclose the potentially personally-identifying information you disclose to TRACE only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide the Services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country and by using the Services, you consent to the transfer of such information to them.

Other than to its employees, contractors and affiliated organizations or as described above, we disclose personally-identifying only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of TRACE, third parties or the public at large.  If you send us a request (for example via chat, a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.

In addition, in some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if TRACE or substantially all of its assets were acquired, or in the unlikely event that TRACE goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of TRACE may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, we will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

We may also disclose your personally-identifying information if you expressly consent to the disclosure. 

We may be required to disclose your personal information to law enforcement or in connection with a civil or criminal proceeding or investigation.  In such instances, we will seek to disclose the fact of any request or demand for your personal information except where we are legally restricted from doing so. 

Security

TRACE is committed to protecting your personal information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.

We Do Not Sell Your Personal Information

TRACE does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of personal information because we do not engage in those practices. 

Data Retention; Deletion or Deactivation of Your Account

We store data until it is no longer needed to provide our Services or until your account is deleted – whichever comes first. The period during which we store your personal information varies depending on the purpose for the processing, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed. When you delete your account, we delete the things that you have posted (such as photos and updates) or stored on the Services, which cannot be recovered later. Note that information provided by other users is not part of your account and therefore will not be deleted. If you do not want to delete your account, but you wish to temporarily stop using the Services, you may deactivate your account instead. 

Links to Other Sites

The Services may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Your Rights and Responsibilities 

You are permitted, and hereby agree, to only provide personal information to TRACE if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation. You may have certain rights under applicable data protection law with respect to personal information about you that is collected through the Sites or when you contact or otherwise engage with us. To exercise any of these data privacy rights, please contact us, or have your authorized agent contact us, in accordance with the “Contact Us” section listed below. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree, under penalty of perjury, that you are (or the authorized agent of) the consumer whose personal information is the subject of the request. We will respond to any data requests within the timeframes required by law, and we may charge a fee to facilitate your request where permitted by law. 

Marketing. 

You have the right to opt-out of receiving electronic direct marketing communications from us.  All electronic direct marketing communications that you may receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.

Privacy Rights.  

Residents of certain states may have additional data privacy rights, including the following:

Right to Know: The right to know about what personal information TRACE collects about you, and our intended use of, and purposes for collecting, your personal information. The personal information that we collect from you, the purposes for which it is used, the source of such personal information, and the parties to whom we share your personal information, among other issues, are set forth in this Privacy Policy (see above). 

Access: The right to access general categories and/or the specific pieces of personal information we have collected, used, disclosed, or sold about you over the past twelve (12) months, including the sources from which the personal information was collected; the business or commercial purpose for which your personal information was collected, used, disclosed, or sold; and, the third parties with whom we have shared your personal information.

Deletion/Erasure: The right to request that we delete/erase your personal information under certain circumstances.

Data Portability: The right to request that we transfer, to the extent technically feasible, personal information in certain forms and formats.

Nondiscrimination: The right not to be subject to discrimination for asserting your rights. 

Further, you have the right to opt out of the processing and use of your sensitive personal information, which includes personal information that reveals (a) your Social Security or other state identification number; (b) your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) your geolocation; (d) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of your mail, email, or text messages, unless we are the intended recipient of the communication; (f) your genetic, health, and biometric data; and (f) information concerning your sex life or sexual orientation or gender identity. 

To exercise any of the data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. If you make, or an authorized agent on your behalf makes, any request related to your personal information, TRACE will ascertain your identity to the degree of certainty required under applicable law before addressing your request. TRACE may require you to match at least three pieces of personal information we have previously collected from you before granting you access or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney in compliance with applicable law. None of these rights are absolute and are subject to legal and regulatory exceptions and exemptions. 

Do Not Track. 

Some web browsers may transmit “do-not-track” signals to the Sites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

European Union (EU) Privacy Disclaimer. 

TRACE processes personal information in accordance with the legal bases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data on individuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for TRACE’s  legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and, (4) TRACE is required to comply with a legal or statutory obligation in the EU or a Member State. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. TRACE transfers personal data outside the EU in accordance with standard contractual clauses adopted by the European Commission, or other approved safeguards (e.g., Privacy Shield, consent). If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below.

Nevada Privacy Disclaimer. 

Pursuant to Nevada law, a Nevada “consumer” (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an “operator” directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, TRACE does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.

Changes to This Privacy Policy

We may occasionally update this Privacy Statement. When we do, we will revise the "last updated" date at the top of the Privacy Statement and take such additional steps as may be required by law.

Contact Us

If you have questions regarding this Privacy Policy, our handling of your personal information, or would like to request more information or exercise a data right, please contact us via email at support@thetrace.app