Optimist Labs, Inc. aka “Near” Privacy Policy

Last updated December 30, 2015

Thank you for joining the Near community.

Near teleports you to juiciest lifestyle experiences in cities around the world so you can discover new tips, places and perspectives across a variety of interests. Through bite-sized curated videos, Near gives you a real sense of places and experiences recommended by our local experts.

This privacy policy describes how we (Optimist Labs, Inc. and our subsidiaries) collect, use, and share your information whenever you use our Services. Those Services include every way you might interact with us: through our websites, mobile applications, and any of our other online products and services that link to this privacy policy.

As we grow, our privacy policy may change this from time to time. But when we do, we’ll definitely be transparent and communicate the change. Sometimes, we’ll let you know by revising the date at the top of the privacy policy that’s available on our website. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). Of course, if you ever have a question about our privacy policy, just email us at hi@wearenear.co.

Information We Collect

What You Directly Provide Us

For you to create a basic Near account and/or modify your profile, we may collect information such as your name, email, phone number, password, a profile photo, date of birth, gender, and profile information. If you sign up for our Services through Facebook, we may also collect additional information from your Facebook profile and account based on your settings within Facebook.

For additional Services beyond the basic Near account, we may ask you for additional information. We want you, though, to be in control of your information, so we let you update or correct most of the basic Near account information by editing your account settings within Near. And while we hope you’ll remain a lifelong fan of Near, if for some reason you ever want to delete your account, just email us hi@wearenear.co; but keep in mind that we may retain certain information in backup for a limited period of time or as required by law. For more information about how we store and delete the chats you send or receive through Near, please read the “Content Deletion” section a little farther down.

What You Automatically Provide Us When You Use Our Services

Because Near enables you to shoot and share videos with people in the community, there is some information we collect automatically when you access our Services, which we use to facilitate the broad range of communications offered through our Services, to provide you awesome features and functionality, and to enable all the other purposes described in this privacy policy. We explain all this below:

Usage Information: We collect information about your activity and the videos you send and receive through our Services. For example, we collect information such as the time, date, location, sender, recipient of a video, the number of videos you exchange with other users in the networks, and your interactions with videos.

Content Information: Please check out the “Content Deletion” section in this privacy policy; it gives you more information about the content we collect, how long we keep it, and how long third parties may have access to it.

Device Information: We collect information about your device, including the hardware model, operating system and version, unique device identifiers (including MAC address and IMEI), browser type and language, mobile device phone number, and mobile network information. We also collect certain device information that will help us diagnose problems in the (hopefully rare) event you experience any crash or other problem while using our Services. So, for example, if we detect a crash or other problematic event, we may collect the list of apps on your device and other information about your device’s performance at the time of the event for troubleshooting purposes.

Device Phonebook and Photos: The videos you take and share on Near with your friends and the whole community, we may—with your consent—collect information from your device’s phonebook and photos. We do this so that we can connect you to your friends quickly and intuitively, enhance the Services with additional functionality, and for any other purpose described in this privacy policy. You can always revoke your consent to our ongoing ability to collect information from your device’s phonebook and photos by changing the settings on your device if your device offers that option, or by simply deleting the app from your device (though we hope we can convince you otherwise to give us another chance). We will never spam your phonebook or your friends.

Location Information: With your consent, we collect your device location so that you can use our location-based features, such as proximity filters to localize our Services, and for any other purpose described in this privacy policy. As with your phonebook and photos, you can always revoke your consent by changing the settings or preferences on your device. If you do so, certain features of the Services will no longer function. And, of course, you can revoke your consent by deleting Near from your device.

Information Collected by Cookies and Other Tracking Technologies: Like most online services, we use cookies, web beacons, and other technologies. Cookies are small data files stored on your hard drive or in device memory that store information about your use of the Services, which can, among other things, help us see which areas and features of the Services are popular and let us count visits. Web beacons are small pieces of software on a webpage or email that help us see how you interact with that webpage or email. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our Services. To learn more about how third parties use such technologies on our Services, be sure to read the “Analytics and Advertising Services Provided by Others” section of our privacy policy.

Website Log Information: We collect log file information when you use our websites. That information includes, among other things, your web browser type and language, access times, pages viewed, your IP address, and the website you visited before navigating to our websites.

Information We Collect From Other Sources

If another user allows us to collect information from his or her device phonebook—and you’re one of that user’s contacts—we may combine the information we collect from that user’s phonebook with other information we have collected about you. We may also obtain information from other sources and combine that with the information we collect through Near.

Information We Collect When You Contact Us

Whenever you have a question or suggestion for our helpful Support team, just email us hi@wearenear.co. Of course, when you contact the Support team or communicate with us in any other way, we’ll collect whatever information you volunteer. For instance, if you submit artwork, files, or any other materials to us through our websites, we will collect what you give us.

How We Use Information

What do we do with the information we collect? The short answer is: Provide you with an amazing set of Services that we improve with relentless tenacity to ensure we are making what people want. But we do a lot more as well, such as:

Provide and deliver the products, services, and functionality that you request, and send you related information;

Communicate with you. That means just what it says; we may send you marketing communications on behalf of us or other companies; respond to your comments and questions; provide customer service; and send you technical notices, security alerts, and other informational messages;

Monitor and analyze trends and usage;

Develop, improve, and refine products, services, and functionality;

Personalize the Services by providing advertisements, content, or features that match user profiles or interests. For instance, when you set up an account we may pre-populate certain account information based on the information we collect about you from other users;

Verify your identity and prevent fraud or other unauthorized or illegal activity; and

Carry out any other purpose for which the information was collected.

Where Information Is Processed

Near is based in the United States. Although we welcome fans from all over the world, keep in mind that no matter where you live or where you happen to use our Services, you consent to the processing and transfer of information in and to the U.S. and other countries. We want you to know this because the laws of the United States and those of other countries where your information is processed might not be as comprehensive or protective as laws in the country where you live. And while you’re in another country, know that your information may be made available to government or law enforcement requests.

How We Share Information

Here’s the type of information we may share about you with others and how we do so:

When you share a video, your recipients will see your username, profile video, location of video, not including when you leave a comment within the video (whether that’s a photo, video, link, or text). Eventually we may add functionality where you view content that another Near user has sent you, we will let the sender know that you saw it, and if we detect that you captured a screenshot of the private 1-1 chat, we will try to let the sender know that. But you’re always able to decide whether to accept or block direct, private 1-1 chats from other people on Near. And if you ever want to delete users from your friends list, block specific users, or control who can view your profile, we let you do that as well through privacy settings.

When you post a video, the video will be viewed by all Near users and may be publicly distributed outside of Near by us or third parties. Check out our Terms of Use for more information.

When you let us access your device phonebook, we may share information about you with other users who have your phone number in their device phonebook. For instance, when you use Find Friends, we may share your username and name with other users who use Find Friends and have your phone number in their device phonebook. In these cases, we will not display your phone number to these users, but we will share your username and name associated with your phone number.

When other users view your profile, they will be able to view profile information, including your username, status (set by you), a list of videos created, videos liked, and your name.

We may share information about you with service providers who perform services on our behalf.

With respect to jointly offered Services or functionality or services offered separately by other companies through our Services, we may share information about you with business partners to provide the Services and functionality you request and to communicate with you about those Services;

We may share information about you in response to legal process or a request for information if we believe disclosure is consistent with, or required by, any applicable law, rule, or regulation; to investigate or remedy potential violations of our user agreements or policies, or to protect the rights, property, and safety of us, our users, or others; or in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

We may share information about you with your consent or at your direction, or as otherwise provided in this privacy policy.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. Here’s just one example of how this could work: Because of all the videos contributed to the network by our community, we may aggregate, curate and edit these videos for community consumption without disclosing the individual(s) who created the videos.

The Services may also contain third-party links or be a co-branded or third-party-branded Service that’s being provided jointly with or by another company. By going to those links or by using a co-branded or third-party-branded Service, you may be providing personal information directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our Services.

Content Deletion

Videos shared through our Services will need to be manually deleted. This is important—you should understand that users who see your videos can always save them, either by taking a screenshot or by using some other video-capture technology (whether that be software or even something as old-fashioned as a camera to take a photo of your device’s screen). If we’re able to detect that a recipient took a screenshot of a video you sent, we’ll try to notify you. But the same common sense that applies to the Internet at large applies to Near as well: Don’t send videos that you wouldn’t want someone to save or share.

Analytics and Advertising Services Provided by Others

We may let other companies use cookies, web beacons, and other technologies on Near. These companies may collect information about how you use the Services and other websites and online services over time and across different services. The information collected may include unique device identifiers, device manufacturer and operating system, IP address, browser type, pages viewed, session start/stop time, links clicked, and conversion information. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Among the third parties we use for analytics is Crashlytics, which provides mobile analytics in connection with our app. For more information about Crashlytics privacy practices, please visit http://try.crashlytics.com/terms/.

Additionally, some companies may use the information they collect on our blog and other websites to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps. Near does not currently respond to do-not-track signals that may be sent from your device. If we do so in the future, we will provide information about that practice in an updated version of this privacy policy. For more information about interest-based ads, including how to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Children

We don’t direct our Services to anyone under 12. And that’s why we do not knowingly collect personal information from anyone under 12. Children under 12 are not old enough to use Near.