LAST UPDATED: NOVEMBER [4], 2022


WE AT OURSIDE (THE “COMPANY,” “WE,” “US,” OR “OUR”) KNOW THAT PRIVACY IS VERY IMPORTANT TO YOU. WE HAVE CREATED THIS PRIVACY POLICY (THE “PRIVACY POLICY”) TO DESCRIBE WHAT KINDS OF PERSONAL INFORMATION WE MAY OBTAIN THROUGH OUR WEBSITE LOCATED AT WWW.OURSIDE.NYC (THE “WEBSITE”), OUR SERVICES AND PRODUCTS THAT ARE PROVIDED TO YOU THROUGH THE WEBSITE (“SERVICES”), AND WHEN YOU INTERACT WITH US IN ANY OTHER WAY. WE EXPLAIN HOW WE MAY USE AND DISCLOSE THAT INFORMATION, THE STEPS WE TAKE TO KEEP IT SECURE, YOUR CHOICES REGARDING OUR USE OF THIS INFORMATION, AND HOW YOU HOW CAN CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT OUR PRIVACY PRACTICES. BY VISITING OUR WEBSITE, ACCESSING AND/OR USING OUR SERVICES, YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY AND THE ACCOMPANYING TERMS OF USE. CAPITALIZED TERMS NOT DEFINED IN THIS PRIVACY POLICY SHALL HAVE THE MEANING SET FORTH IN OUR TERMS OF USE.


I. INFORMATION WE COLLECT
A) PERSONAL INFORMATION
GENERALLY, YOU CAN VISIT THE WEBSITE WITHOUT TELLING US WHO YOU ARE OR REVEALING ANY PERSONAL INFORMATION. WHEN WE USE THE TERM “PERSONAL INFORMATION,” WE MEAN INFORMATION THAT CAN BE ASSOCIATED WITH A SPECIFIC PERSON AND CAN BE USED TO IDENTIFY THAT PERSON, SUCH AS NAME, E-MAIL ADDRESS, MAILING ADDRESS, MOBILE PHONE NUMBER, AGE, GENDER, DATE OF BIRTH, AS WELL AS ADDITIONAL SENSITIVE INFORMATION SUCH AS YOUR SOCIAL SECURITY NUMBER, FINANCIAL INFORMATION, FINANCIAL ACCOUNT INFORMATION, AND OTHER SIMILAR TYPES OF INFORMATION. IF YOU DO PROVIDE US WITH PERSONAL INFORMATION, WE WILL STORE AND USE THAT INFORMATION IN ACCORDANCE WITH THIS POLICY. FOR EXAMPLE, YOU MAY PROVIDE US WITH PERSONAL INFORMATION WHEN YOU FILL OUT FORMS OR FIELDS ON THE WEBSITE; WHEN YOU REGISTER FOR AN ACCOUNT; AND WHEN YOU CONTACT US OR REQUEST INFORMATION ABOUT US, THIS WEBSITE, AND OUR PRODUCTS OR SERVICES, WHETHER BY EMAIL OR OTHER MEANS. THE TYPES OF PERSONAL INFORMATION YOU MAY PROVIDE TO US INCLUDE:
CONTACT INFORMATION (SUCH AS NAME, POSTAL ADDRESS, EMAIL ADDRESS, AND MOBILE OR OTHER PHONE NUMBER);
AGE AND DATE OF BIRTH;
USERNAME AND PASSWORD; AND
CONTENT YOU PROVIDE (SUCH AS PHOTOGRAPHS AND COMMENTS).
B) BILLING INFORMATION
IN ORDER TO MAKE A PURCHASE, YOU WILL BE REQUIRED TO PROVIDE CERTAIN ADDITIONAL INFORMATION, WHICH MAY INCLUDE A CREDIT CARD NUMBER, EXPIRATION DATE, BILLING ZIP CODE, ACTIVATION CODE, BANK INFORMATION, AND SIMILAR INFORMATION (“BILLING INFORMATION”). SUCH


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BILLING INFORMATION WILL BE COLLECTED AND PROCESSED BY OUR THIRD PARTY PAYMENT PROCESSOR PURSUANT TO THE TERMS AND CONDITIONS OF THEIR PRIVACY POLICIES AND TERMS OF USE. THE COMPANY DOES NOT DIRECTLY OBTAIN OR PROCESS ANY BILLING INFORMATION.
C) COOKIES INFORMATION
LIKE MOST ONLINE SERVICES, WE AUTOMATICALLY RECEIVE STANDARD TECHNICAL INFORMATION WHEN YOU CONNECT WITH THE WEBSITE AND/OR THE SERVICES. WE COLLECT THIS INFORMATION THROUGH BROWSER COOKIES, PIXELS, WEB SERVER LOGS, WEB BEACONS, AND SIMILAR TECHNOLOGIES. THESE FEATURES ENABLE US TO PERSONALIZE YOUR EXPERIENCE ON THE WEBSITE AND THE SERVICES, UNDERSTAND HOW YOU USE THEM, MAINTAIN A PERSISTENT SESSION, AND IMPROVE AND FURTHER DEVELOP THE WEBSITE AND THE SERVICES. COOKIES ARE SMALL PACKETS OF DATA THAT A WEBSITE STORES ON YOUR COMPUTER’S HARD DRIVE SO THAT YOUR COMPUTER WILL “REMEMBER” INFORMATION ABOUT YOUR VISIT. WE USE COOKIES TO HELP US COLLECT OTHER INFORMATION AND TO ENHANCE YOUR EXPERIENCE USING THE WEBSITE AND THE SERVICES. SPECIFICALLY, WE USE COOKIES TO AUTHENTICATE USERS, PERSONALIZE YOUR EXPERIENCE WHEN USING THE WEBSITE AND THE SERVICES, ANALYZE WHICH FEATURES OF THE WEBSITE AND THE SERVICES YOU USE MOST FREQUENTLY, AND MEASURE AND OPTIMIZE ADVERTISING AND PROMOTIONAL EFFECTIVENESS. TO DO THIS, 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. IF YOU DO NOT WANT US TO PLACE A COOKIE ON YOUR HARD DRIVE, YOU MAY BE ABLE TO TURN THAT FEATURE OFF ON YOUR COMPUTER OR MOBILE DEVICE. PLEASE CONSULT YOUR INTERNET BROWSER’S DOCUMENTATION FOR INFORMATION ON HOW TO DO THIS. HOWEVER, IF YOU DECIDE NOT TO ACCEPT COOKIES FROM US, THE WEBSITE AND THE SERVICES MAY NOT FUNCTION PROPERLY.
D) AUTOMATICALLY COLLECTED INFORMATION
INFORMATION THAT WE AUTOMATICALLY COLLECT WHEN YOU USE THE WEBSITE AND/OR THE SERVICES, SUCH AS (I) INFORMATION ABOUT THE DEVICE FROM WHICH YOU ACCESS THE WEBSITE AND/OR THE SERVICES (I.E., THE TYPE OF DEVICE, THE ADVERTISING IDENTIFIER (“IDFA” OR “ADID”), THE OPERATING SYSTEM AND VERSION (FOR EXAMPLE IOS, ANDROID OR WINDOWS), YOUR CARRIER AND NETWORK TYPE (WIFI, 3G, 4G, LTE); (II) YOUR IP ADDRESSES (WHICH MAY CONSIST OF A STATIC OR DYNAMIC IP ADDRESS AND WILL SOMETIMES POINT TO A SPECIFIC IDENTIFIABLE COMPUTER OR DEVICE); (III) BROWSER TYPE AND LANGUAGE; (IV) REFERRING AND EXIT PAGES AND URLS; (V) DATE AND TIME; (VI) AMOUNT OF TIME SPENT ON PARTICULAR PAGES; (VII) WHAT FEATURES OF THE WEBSITE AND/OR THE SERVICES YOU USE OR VISIT; AND (VIII) SIMILAR INFORMATION CONCERNING YOUR USE OF THE WEBSITE AND/OR THE SERVICES.
E) INFORMATION OBTAINED FROM THIRD-PARTY ANALYTICS SERVICES
WE MAY USE THIRD-PARTY ANALYTICS SERVICES (SUCH AS GOOGLE ANALYTICS) TO EVALUATE YOUR USE OF THE WEBSITE AND THE SERVICES, COMPILE REPORTS ON ACTIVITY, COLLECT DEMOGRAPHIC DATA, ANALYZE PERFORMANCE METRICS, AND COLLECT AND EVALUATE OTHER INFORMATION RELATING TO THE WEBSITE AND THE SERVICES AND MOBILE AND INTERNET USAGE. THESE THIRD PARTIES USE COOKIES AND OTHER TECHNOLOGIES TO HELP ANALYZE AND PROVIDE US THE DATA. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU CONSENT TO THE PROCESSING OF DATA ABOUT YOU BY THESE ANALYTICS PROVIDERS IN THE MANNER AND FOR THE PURPOSES SET OUT IN THIS PRIVACY POLICY.


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FOR MORE INFORMATION ON GOOGLE ANALYTICS, INCLUDING HOW TO OPT OUT FROM CERTAIN DATA COLLECTION, PLEASE VISIT HTTPS://WWW.GOOGLE.COM/ANALYTICS. PLEASE BE ADVISED THAT IF YOU OPT OUT OF ANY SERVICE, YOU MAY NOT BE ABLE TO USE THE FULL FUNCTIONALITY OF THE WEBSITE AND THE SERVICES.

II. HOW WE USE THE INFORMATION WE COLLECT:
A) WE MAY USE THE INFORMATION YOU PROVIDE TO (I) PROVIDE YOU OUR PRODUCTS AND SERVICES, (II) MANAGE YOUR ONLINE ACCOUNT, (III) RESPOND TO YOUR INQUIRIES, (IV) COMMUNICATE WITH YOU ABOUT, AND ADMINISTER YOUR PARTICIPATION IN, SPECIAL EVENTS, CONTESTS, SWEEPSTAKES, PROGRAMS, SURVEYS, AND OTHER OFFERS, (V) ANALYZE AND IMPROVE THE WEBSITE AND SERVICES, AND (VI) COMPLY WITH APPLICABLE LEGAL REQUIREMENTS, RELEVANT INDUSTRY STANDARDS AND OUR POLICIES. WE USE NON- IDENTIFYING INFORMATION ABOUT YOUR USE OF THE WEBSITE TO UNDERSTAND AND ANALYZE THE USAGES TRENDS AND PREFERENCES OF OUR USERS, TO IMPROVE THE WEBSITE, AND TO IMPROVE FRAUD DETECTION AND INFORMATION SECURITY.
III. HOW WE SHARE YOUR INFORMATION
A) WE MAY DISCLOSE YOUR INFORMATION IF REQUIRED TO DO SO BY LAW OR IN THE GOOD-FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO TAKE PRECAUTIONS AGAINST LIABILITY; TO PROTECT THE COMPANY FROM FRAUDULENT, ABUSIVE, OR UNLAWFUL USES OR ACTIVITY; TO PROTECT THE SECURITY OR INTEGRITY OF THE WEBSITE; TO INVESTIGATE AND DEFEND OURSELVES AGAINST ANY THIRD PARTY CLAIMS OR ALLEGATIONS; TO ASSIST GOVERNMENT ENFORCEMENT AGENCIES; OR TO COMPLY WITH STATE AND FEDERAL LAWS, IN RESPONSE TO A COURT ORDER, JUDICIAL OR OTHER GOVERNMENT SUBPOENA OR WARRANT.
B) WE MAKE CERTAIN INFORMATION AVAILABLE TO THIRD PARTIES TO COMPLY WITH VARIOUS REPORTING OBLIGATIONS, AND FOR BUSINESS OR MARKETING PURPOSES. WHEN POSSIBLE, WE PROVIDE THIS INFORMATION IN A DE-IDENTIFIED WAY.
C) WE WORK WITH THIRD-PARTY SERVICE PROVIDERS WHICH PROVIDE WEBSITE DEVELOPMENT, HOSTING, DATA STORAGE, MAINTENANCE, AND OTHER SERVICES FOR US. TO THE EXTENT IT IS NECESSARY FOR THESE THIRD-PARTY SERVICE PROVIDERS TO COMPLETE THEIR CONTRACTUAL OBLIGATIONS TO US, THESE THIRD PARTIES MAY HAVE ACCESS TO OR PROCESS YOUR INFORMATION ONLY AS NECESSARY TO PERFORM THEIR FUNCTIONS AND TO THE EXTENT PERMITTED BY LAW. WE MAY ALSO SHARE YOUR INFORMATION WITH ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR OTHER COMPANIES UNDER COMMON CONTROL WITH US.
D) IN THE EVENT THE COMPANY WERE TO BE ENGAGED IN OR CONTEMPLATING A DIVESTITURE, MERGER, CONSOLIDATION, OR ASSET SALE, OR IN THE UNLIKELY EVENT OF A BANKRUPTCY, THE COMPANY MAY TRANSFER OR ASSIGN THE DATA, INCLUDING PERSONAL INFORMATION THAT WE HAVE COLLECTED FROM USERS.
WE WILL TAKE REASONABLE MEASURES TO REQUIRE THAT ANY PARTY RECEIVING ANY OF YOUR PERSONAL INFORMATION FROM US UNDERTAKES TO: (I) RETAIN AND USE SUCH INFORMATION


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ONLY FOR THE PURPOSES SET OUT IN THIS PRIVACY POLICY; (II) NOT DISCLOSE YOUR PERSONAL INFORMATION EXCEPT WITH YOUR CONSENT, AS PERMITTED BY LAW, OR AS PERMITTED BY THIS PRIVACY POLICY; AND (III) GENERALLY PROTECT THE PRIVACY OF YOUR PERSONAL INFORMATION.


IV. HOW WE PROTECT YOUR INFORMATION
A) WE TAKE COMMERCIALLY REASONABLE STEPS TO PROTECT YOUR PERSONAL INFORMATION FROM LOSS, MISUSE, AND UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, OR DESTRUCTION. PLEASE UNDERSTAND, HOWEVER, THAT NO SECURITY SYSTEM IS IMPENETRABLE. WE CANNOT GUARANTEE THE SECURITY OF OUR DATABASES, NOR CAN WE GUARANTEE THAT THE INFORMATION YOU SUPPLY WILL NOT BE INTERCEPTED WHILE BEING TRANSMITTED TO AND FROM US OVER THE INTERNET. IN PARTICULAR, E-MAIL SENT TO OR FROM THE WEBSITE AND THE SERVICES MAY NOT BE SECURE, AND YOU SHOULD THEREFORE TAKE SPECIAL CARE IN DECIDING WHAT INFORMATION YOU SEND TO US VIA E-MAIL.
B) WE CANNOT CONTROL THE ACTIONS OF OTHER USERS OR OTHER THIRD PARTIES WITH WHOM YOU MAY CHOOSE TO SHARE YOUR INFORMATION AND THEREFORE WE CANNOT AND DO NOT GUARANTEE THAT INFORMATION YOU POST THROUGH THE WEBSITE WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS. WE ARE NOT RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE. EVEN AFTER REMOVAL, COPIES OF INFORMATION THAT YOU HAVE POSTED MAY REMAIN VIEWABLE IN CACHED AND ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED SUCH INFORMATION.
C) WE RETAIN INFORMATION AS LONG AS IT IS REASONABLY NECESSARY AND RELEVANT FOR OUR OPERATIONS, AND/OR TO COMPLY WITH THE LAW, PREVENT FRAUD, COLLECT ANY FEES OWED, RESOLVE DISPUTES, TROUBLESHOOT PROBLEMS, ASSIST WITH ANY INVESTIGATION, OR ENFORCE OUR TERMS OF USE OR OTHER AGREEMENTS.


V. YOUR CHOICES
A) YOU MAY, OF COURSE, DECLINE TO SHARE CERTAIN INFORMATION WITH US, IN WHICH CASE WE MAY NOT BE ABLE TO PROVIDE TO YOU SOME OF THE FEATURES AND FUNCTIONALITY OF THE WEBSITE. ONCE YOU HAVE REGISTERED FOR AN ACCOUNT, YOU MAY UPDATE, CORRECT, OR DELETE YOUR PROFILE INFORMATION AND PREFERENCES AT ANY TIME BY ACCESSING YOUR ACCOUNT PREFERENCES PAGE THROUGH THE WEBSITE.
B) [TO CONFIRM] IF YOU DO NOT WISH TO RECEIVE EMAIL OFFERS OR NEWSLETTERS FROM US, YOU CAN OPT OUT OF RECEIVING EMAIL INFORMATION FROM US (EXCEPT FOR EMAILS RELATED TO THE COMPLETION OF YOUR REGISTRATION, CORRECTION OF USER DATA, CHANGE OF PASSWORD, AND OTHER SIMILAR COMMUNICATIONS ESSENTIAL TO YOUR TRANSACTIONS THROUGH THE WEBSITE) BY USING THE UNSUBSCRIBE PROCESS AT THE BOTTOM OF THE EMAIL. ALTHOUGH YOUR CHANGES ARE REFLECTED PROMPTLY IN ACTIVE USER DATABASES, WE MAY RETAIN ALL INFORMATION YOU SUBMIT FOR A VARIETY OF PURPOSES, INCLUDING BACKUPS AND ARCHIVING, PREVENTION OF FRAUD AND ABUSE, AND ANALYTICS.


VI. CHILDREN’ INFORMATION


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A) OUR WEBSITE AND SERVICES ARE ONLY INTENDED FOR INDIVIDUALS WHO HAVE REACHED THE AGE OF 18. FURTHERMORE, WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13 THROUGH THE WEBSITE AND THE SERVICES. IF YOU ARE UNDER 13, PLEASE DO NOT GIVE US ANY PERSONAL INFORMATION. WE ENCOURAGE PARENTS AND LEGAL GUARDIANS TO MONITOR THEIR CHILDREN’S INTERNET USAGE AND TO HELP ENFORCE OUR PRIVACY POLICY BY INSTRUCTING THEIR CHILDREN TO NEVER PROVIDE US PERSONAL INFORMATION WITHOUT THEIR PERMISSION. IF YOU HAVE REASON TO BELIEVE THAT A CHILD UNDER THE AGE OF 13 HAS PROVIDED PERSONAL INFORMATION TO US, PLEASE CONTACT US, AND WE WILL ENDEAVOR TO DELETE THAT INFORMATION FROM OUR DATABASES.


VII. EXTERNAL WEBSITES
A) THE WEBSITE AND THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES. THE COMPANY HAS NO CONTROL OVER THE PRIVACY PRACTICES OR THE CONTENT OF ANY OF OUR BUSINESS PARTNERS, ADVERTISERS, SPONSORS, OR OTHER WEBSITES TO WHICH WE PROVIDE LINKS. AS SUCH, WE ARE NOT RESPONSIBLE FOR THE CONTENT OR THE PRIVACY POLICIES OF THOSE THIRD-PARTY WEBSITES. YOU SHOULD CHECK THE APPLICABLE THIRD-PARTY PRIVACY POLICY AND TERMS OF USE WHEN VISITING ANY OTHER WEBSITES.
VIII. VISITORS FROM OUTSIDE THE UNITED STATES:
A) THIS WEBSITE IS CONTROLLED AND OPERATED BY THE COMPANY IN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE WEBSITE FROM OUTSIDE THE UNITED STATES, YOU ACKNOWLEDGE THAT YOU WILL BE TRANSFERRING YOUR INFORMATION, INCLUDING PERSONAL INFORMATION, OUTSIDE OF THOSE REGIONS TO THE UNITED STATES FOR STORAGE AND PROCESSING, AS NECESSARY TO PROVIDE TO YOU WITH THE SERVICES.
B) DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE, YOU MAY HAVE THE RIGHT TO ACCESS, CORRECT, DELETE, OR RESTRICT USE OF CERTAIN PERSONAL INFORMATION COVERED BY THIS PRIVACY POLICY. DEPENDING ON THE JURISDICTION, YOU MAY ALSO HAVE THE RIGHT TO REQUEST THAT WE REFRAIN FROM PROCESSING YOUR PERSONAL INFORMATION. PLEASE BEAR IN MIND THAT IF YOU EXERCISE SUCH RIGHTS THIS MAY AFFECT OUR ABILITY TO PROVIDE OUR PRODUCTS AND SERVICES. FOR INQUIRIES ABOUT YOUR PERSONAL INFORMATION, PLEASE CONTACT US BY E-MAIL AT HELLO@OURSIDE.NYC, OR THROUGH ANY OF THE CONTACT INFORMATION PROVIDED BELOW.


IX. DO NOT TRACK
A) AS DISCUSSED ABOVE, THIRD PARTIES SUCH AS ANALYTICS PROVIDERS MAY COLLECT INFORMATION ABOUT YOUR ONLINE ACTIVITIES OVER TIME AND ACROSS DIFFERENT WEBSITES WHEN YOU ACCESS OR USE THE WEBSITE AND THE SERVICES. CURRENTLY, VARIOUS BROWSERS OFFER A “DO NOT TRACK” OPTION, BUT THERE IS NO STANDARD FOR COMMERCIAL WEBSITES. [TO CONFIRM] AT THIS TIME, WE DO NOT MONITOR, RECOGNIZE, OR HONOR ANY OPT-OUT OR DO NOT TRACK MECHANISMS, INCLUDING GENERAL WEB BROWSER “DO NOT TRACK” SETTINGS AND/OR SIGNALS.


X. NOTICE TO NEVADA RESIDENTS


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A) IF YOU ARE A RESIDENT OF NEVADA, YOU HAVE THE RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION TO THIRD PARTIES. YOU CAN EXERCISE THIS RIGHT BY CONTACTING US AT HELLO@OURSIDE.NYC WITH THE SUBJECT LINE “NEVADA DO NOT SELL REQUEST” AND PROVIDING US WITH YOUR NAME AND THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. PLEASE NOTE, HOWEVER, THAT WE DO NOT SELL PERSONAL DATA.


XI. CALIFORNIA PRIVACY RIGHTS
A) PURSUANT TO SECTION 1798.83 OF THE CALIFORNIA CIVIL CODE, RESIDENTS OF CALIFORNIA HAVE THE RIGHT TO OBTAIN CERTAIN INFORMATION ABOUT THE TYPES OF PERSONAL INFORMATION THAT COMPANIES WITH WHOM THEY HAVE AN ESTABLISHED BUSINESS RELATIONSHIP (AND THAT ARE NOT OTHERWISE EXEMPT) HAVE SHARED WITH THIRD PARTIES FOR DIRECT MARKETING PURPOSES DURING THE PRECEDING CALENDAR YEAR, INCLUDING THE NAMES AND ADDRESSES OF THOSE THIRD PARTIES, AND EXAMPLES OF THE TYPES OF SERVICES OR PRODUCTS MARKETED BY THOSE THIRD PARTIES. IF YOU WISH TO SUBMIT A REQUEST PURSUANT TO SECTION 1798.83, PLEASE CONTACT US VIA EMAIL AT HELLO@OURSIDE.NYC


XII. CHANGES AND UPDATES TO THIS PRIVACY POLICY
A) WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS PRIVACY POLICY AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU TO REFLECT CHANGES IN OUR PRIVACY PRACTICES. WE WILL INDICATE AT THE TOP OF THIS PRIVACY POLICY WHEN IT WAS MOST RECENTLY UPDATED, AND WE ENCOURAGE YOU TO REVISIT THIS PAGE PERIODICALLY TO STAY AWARE OF ANY CHANGES. BY ACCESSING THE WEBSITE AND/OR THE SERVICES AFTER WE NOTIFY YOU OF CHANGES TO THIS PRIVACY POLICY, YOU ARE DEEMED TO HAVE ACCEPTED SUCH CHANGES.


XIII. HOW TO CONTACT US
PLEASE CONTACT US WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY, OUR PRIVACY PRACTICES, YOUR PERSONAL INFORMATION, OUR USE AND DISCLOSURE PRACTICES, OR IF YOU LIKE TO EXERCISE YOUR RIGHTS AND CHOICES BY E-MAIL AT HELLO@OURSIDE.NYC.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

INTRODUCTION

OURSIDE, HEREINAFTER REFERRED TO AS "WE," "US," OR "OUR," IS PLEASED TO OFFER A MOBILE MESSAGING PROGRAM (THE "PROGRAM"). BY CHOOSING TO PARTICIPATE IN THIS PROGRAM, YOU ARE AGREEING TO THESE MOBILE MESSAGING TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY (THE "AGREEMENT"). PLEASE CAREFULLY READ AND ACCEPT THESE TERMS AND CONDITIONS WHEN OPTING IN OR PARTICIPATING IN ANY OF OUR PROGRAMS. THIS AGREEMENT PERTAINS SOLELY TO THE PROGRAM AND DOES NOT ALTER OTHER EXISTING TERMS AND CONDITIONS OR PRIVACY POLICIES GOVERNING YOUR RELATIONSHIP WITH OURSIDE IN DIFFERENT CONTEXTS.

USER OPT-IN

THE PROGRAM ALLOWS USERS TO RECEIVE SMS/MMS MOBILE MESSAGES AFTER AFFIRMATIVELY OPTING IN THROUGH VARIOUS METHODS, SUCH AS ONLINE OR APPLICATION-BASED ENROLLMENT FORMS. REGARDLESS OF THE OPT-IN METHOD YOU USE TO JOIN THE PROGRAM, THIS AGREEMENT APPLIES TO YOUR PARTICIPATION. BY PARTICIPATING, YOU CONSENT TO RECEIVING MARKETING MOBILE MESSAGES SENT VIA AUTODIALER OR PRERECORDED MESSAGES AT THE PHONE NUMBER ASSOCIATED WITH YOUR OPT-IN. YOU UNDERSTAND THAT CONSENT IS NOT REQUIRED TO MAKE A PURCHASE FROM OURSIDE. WHILE YOU CONSENT TO RECEIVE MESSAGES VIA AN AUTODIALER, THIS SHOULD NOT BE INTERPRETED AS IMPLYING THAT ALL OF OUR MOBILE MESSAGES ARE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS" OR "AUTODIALER"). STANDARD MESSAGE AND DATA RATES MAY APPLY.

USER OPT-OUT

IF YOU NO LONGER WISH TO PARTICIPATE IN THE PROGRAM OR DISAGREE WITH THIS AGREEMENT, YOU CAN OPT OUT BY REPLYING WITH ANY OF THE FOLLOWING KEYWORDS: STOP, END, CANCEL, UNSUBSCRIBE, OR QUIT IN RESPONSE TO OUR MOBILE MESSAGES. UPON OPTING OUT, YOU MAY RECEIVE A CONFIRMING MESSAGE ACKNOWLEDGING YOUR DECISION. THESE OPTIONS ARE THE ONLY REASONABLE MEANS OF OPTING OUT. ANY OTHER METHODS, SUCH AS USING DIFFERENT WORDS OR VERBAL REQUESTS TO OUR EMPLOYEES, ARE NOT CONSIDERED VALID OPT-OUT METHODS.

DUTY TO NOTIFY AND INDEMNIFY

IF YOU INTEND TO DISCONTINUE THE USE OF THE MOBILE TELEPHONE NUMBER YOU USED TO SUBSCRIBE TO THE PROGRAM, INCLUDING CANCELING YOUR SERVICE PLAN OR TRANSFERRING THE NUMBER TO ANOTHER PARTY, YOU MUST FOLLOW THE USER OPT-OUT PROCESS BEFORE ENDING YOUR USE OF THAT NUMBER. THIS AGREEMENT TO DO SO IS A CRUCIAL PART OF THESE TERMS AND CONDITIONS. IF YOU DISCONTINUE THE USE OF YOUR MOBILE NUMBER WITHOUT NOTIFYING US OF THIS CHANGE, YOU AGREE TO BE RESPONSIBLE FOR ANY COSTS AND LIABILITIES INCURRED BY OURSIDE OR ANY PARTY ASSISTING IN THE DELIVERY OF MOBILE MESSAGES DUE TO CLAIMS FROM INDIVIDUALS WHO LATER RECEIVE THAT MOBILE NUMBER. THIS DUTY AND AGREEMENT REMAIN IN EFFECT EVEN AFTER YOU CANCEL OR TERMINATE YOUR PARTICIPATION IN ANY OF OUR PROGRAMS.

YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD OURSIDE HARMLESS FROM ANY CLAIMS OR LIABILITIES ARISING FROM YOUR FAILURE TO NOTIFY US OF CHANGES TO YOUR PROVIDED INFORMATION, INCLUDING ANY CLAIMS OR LIABILITIES UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, AND SIMILAR STATE AND FEDERAL LAWS, ALONG WITH RELATED REGULATIONS.

PROGRAM DESCRIPTION

THE PROGRAM COVERS A WIDE RANGE OF TOPICS, INCLUDING MESSAGES ABOUT THE MARKETING AND SALE OF DIGITAL AND PHYSICAL PRODUCTS, SERVICES, AND EVENTS. USERS WHO OPT INTO THE PROGRAM CAN EXPECT TO RECEIVE SUCH MESSAGES.

COST AND FREQUENCY

THE PROGRAM INVOLVES RECURRING MOBILE MESSAGES, AND ADDITIONAL MESSAGES MAY BE SENT BASED ON YOUR INTERACTIONS WITH OURSIDE. MESSAGE AND DATA RATES MAY APPLY.

SUPPORT INSTRUCTIONS

FOR SUPPORT RELATED TO THE PROGRAM, PLEASE TEXT "HELP" TO THE NUMBER YOU RECEIVED MESSAGES FROM OR EMAIL US AT HELLO@OURSIDE.NYC. PLEASE NOTE THAT USING THIS EMAIL ADDRESS IS NOT A VALID METHOD FOR OPTING OUT OF THE PROGRAM. OPT-OUT REQUESTS MUST BE SUBMITTED FOLLOWING THE PROCEDURES MENTIONED ABOVE.

MMS DISCLOSURE

THE PROGRAM WILL SEND SMS TMS (TERMINATING MESSAGES) IF YOUR MOBILE DEVICE DOES NOT SUPPORT MMS MESSAGING.

OUR DISCLAIMER OF WARRANTY

THE PROGRAM IS PROVIDED ON AN "AS-IS" BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES. IT MAY NOT WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE, OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. OURSIDE IS NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF MOBILE MESSAGES ASSOCIATED WITH THIS PROGRAM. THE DELIVERY OF MOBILE MESSAGES DEPENDS ON YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS BEYOND OUR CONTROL. OURSIDE IS NOT LIABLE FOR DELAYED OR UNDELIVERED MOBILE MESSAGES.

PARTICIPANT REQUIREMENTS

TO PARTICIPATE, YOU MUST HAVE YOUR OWN WIRELESS DEVICE CAPABLE OF TWO-WAY MESSAGING, USE A PARTICIPATING WIRELESS CARRIER, AND HAVE AN ACTIVE TEXT MESSAGING SERVICE. NOT ALL CELLULAR PHONE PROVIDERS SUPPORT THIS SERVICE, SO PLEASE VERIFY YOUR PHONE'S CAPABILITIES FOR SPECIFIC TEXT MESSAGING INSTRUCTIONS.

AGE RESTRICTION

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE OR ENGAGE WITH THE PROGRAM. IF YOU ARE BETWEEN THIRTEEN (13) AND EIGHTEEN (18) YEARS OLD AND WISH TO USE OR ENGAGE WITH THE PROGRAM, YOU MUST OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN. BY USING OR ENGAGING WITH THE PROGRAM, YOU CONFIRM THAT YOU MEET THESE AGE REQUIREMENTS.

PROHIBITED CONTENT

YOU AGREE NOT TO SEND ANY PROHIBITED CONTENT OVER THE PLATFORM. PROHIBITED CONTENT INCLUDES:

• FRAUDULENT, LIBELOUS, DEFAMATORY, SCANDALOUS, THREATENING, HARASSING, OR STALKING ACTIVITY.
• OBJECTIONABLE CONTENT, INCLUDING PROFANITY, OBSCENITY, LASCIVIOUSNESS, VIOLENCE, BIGOTRY, HATRED, AND DISCRIMINATION BASED ON RACE, SEX, RELIGION, NATIONALITY, DISABILITY, SEXUAL ORIENTATION, OR AGE.
• PIRATED COMPUTER PROGRAMS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE.
• ANY PRODUCT, SERVICE, OR PROMOTION THAT IS UNLAWFUL