Funqtion's Privacy Policy

Last updated: March 8, 2024

Strates LLC, a Delaware Limited Liability Company doing business as Funqtion (hereinafter referred to as “Funqtion,” “we,” or “us”) respects your privacy rights and is committed to being transparent with our use of your information. If you are a resident or access our Services from within the European Economic Area (“EEA”), we apply the privacy protection to your information required by the General Data Protection Regulation.

In connection with our Services, we provide a platform where Users can create an account and become Subscribers. Our Subscribers can publish content, confirm their participation, and connect. These interactions often involve the sharing of information and insights related to LGBTQIA+ social Events. Users who have not created an account may access some information and insights about the Events but they may not access the Subscribers’ Features (as defined in Funqtion’s Terms and Conditions of Use).

This Privacy Policy applies to our use of your information throughout the Services, unless a part of the Services is governed by its own privacy policy. Our Services currently include:

• Our website https://funqtion.co and its alternative address https://fqn.co (the “Site”)
• Our web and native application (the “App”, and together with the Site, the “Platform”)

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About

This Privacy Policy concerns the information that (i) you voluntarily provide to us, such as when you create an account and become a Subscriber; (ii) we automatically collect when you utilize our Services, whether you are a Subscriber or not; (iii) we obtain from third-party sources; and (iv) you make publicly available, for instance, by publishing Events content.

We protect and uphold your rights regarding information that can identify you as an individual (for example your name, age, gender, online username, political opinion, or religious belief) as well as information that may not identify you on its own, but could personally identify you when combined with other data we collect from you (for example your IP address, your activity on our Services, device type, or your browser type) (“Personal Information”).

Some of your information may be collected, stored, used, disclosed, or shared, and may be anonymized by isolating the information from any personal identifiers, thereby ensuring that neither we nor any third parties we share it with can trace it back to you.

We may store some of your information via local storage (for example cookies) temporarily or permanently on your internet enabled device, which allows us to retrieve information on your device about your use of the Services (e.g. your login credentials).

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What We Collect and How We Use It

General Use Policy. We may use your information to provide, administer, maintain, and improve our Services; personalize your experience of the Services; analyze User activity of our Services; provide you with support regarding our Services; engage in advertising activity; enforce our rights and the rights of other Users of the Services, comply with our legal obligations; or prevent imminent and serious bodily harm to a person.

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Information You Provide Us With

Platform Access. To protect underage Users from content not suited for their age group, we require Users to specify their age before accessing our Platform. We do not share, distribute, or process this age information for purposes other than to confirm you have attained a minimum of eighteen (18) years or the legal age of majority in your jurisdiction, whichever is higher.

Account Creation. When you create an account, we collect specific Personal Information. This collection is required to take advantage of our Subscribers’ Features. In order to set up your account, provide support, monitor compliance with our Code of Conduct, and notify you of updates, surveys or marketing offers, we collect the following Personal Information:

• Name
• Phone Number
• Email Address
• Birth Date

Further, Subscribers may choose to enhance their profiles by adding the optional details, such as:

• Social URLs: Links to your social media profiles, such as your Instagram account.
• Website URLs: URLs of any personal websites.
• Profile Photo: A personal image to represent your profile.
• Bio: A short blurb to describe yourself.
• Address: Your public location, used for venue profiles.
• Aliases: Alternative names you may go by, used for artist profiles.

Use of Our Services. To access and use our Subscribers’ Features, Users must have an Account. Upon registration, Subscribers have the option to share Personal Information through published content, interactions, and insights about Events, and by RSVPing to Events. However, Personal Information shared about Events and attendance may be visible to all Subscribers as a fundamental part of our Services. We urge Subscribers to exercise caution when sharing Personal Information.

Reaching Out To Us. We collect information from you when you send us or one of our representatives an email or otherwise correspond with us directly (for example your name, email address, or statements that you make). We store this information, including Personal Information, for purposes of responding to your request and providing you with the necessary support regarding our Services. We will not collect information if your communication with us does not relate to our Services or future services. If you contact us for reasons unrelated to our Services, we may retain your email temporarily for the purpose of responding to your inquiry, but we will not use it for any other purpose, and it will be deleted after a reasonable period.

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Information We Collect Automatically

Using Our Services. When you use our Services, we automatically collect the information listed below. This collection aids in managing, monitoring, and enhancing our Services; providing support to Users who face issues with our Services; furnishing Subscribers with more relevant insights and resources about the Events; and refining our marketing strategies for our Services.

• Your basic computer information (such as browser, browser version, device name, locale, and operating system you are using) in anonymized form as cookies
• Your IP Address
• Use activity of our Services (for example your click patterns, last login and time of access for Users; Events views for Subscribers).

Automatic Third-party Collection. We make use of various third-party analytic and reporting technologies and partner with third parties to record information automatically when you use our Services. You can find the list of these subprocessors and their privacy policies here.

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How We Share Your Information With Third Parties

Our Sharing Policy. We may share your Personal Information for the purposes described in this Privacy Policy to our subsidiaries or successors and affiliated third parties. We will only share your Personal Information beyond that with your consent or in the following events: to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). We will treat your Personal Information as subject to the protections described in this Privacy Policy. We may transfer Personal Information for processing in countries in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. If you have accessed our Service from within the European Economic Area (“EEA”), additional rules apply to the transfer of your Personal Information (see below).

Sharing of Personal Information. When you populate your profile with information (e.g. adding a profile photo) other Subscribers of our Services have the ability to view your profile information upon accessing your profile. This includes seeing the content you share (e.g., posting an Event or responding to an Event) alongside your user’s name, and noting the date and time of your submissions.

Third-Party Service Providers. We contract with third parties who help us with our Services. You can find a comprehensive list of these third parties here.

We take commercially reasonable precautions to prevent such third parties from disclosing your Personal Information and ensure that their use for our purpose conforms with this Privacy Policy. Their use of this information is contractually bound to the purposes of this Privacy Policy.

The third party service providers may use your information for their own purpose. In the event they use it for their own purpose, we are not responsible for their use of your information and this use is governed by their own privacy policy (found on their websites). We cannot guarantee that such third parties will not disclose your information and you are responsible for that relationship. Further, you may also engage with or access third party websites or services for access to or use of our Services, e.g. Instagram to connect with us on social media. We are not responsible for their use of your information and this use is governed by their own privacy policy (found on their websites). We cannot guarantee that such third parties will not disclose your information.

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Cookies and Local Storage

In order for our Platform to work properly, our Platform uses local storage (“Cookie”). By default, we use several persistent cookies (permanent or stored cookies) as well as session cookies (transient cookies erased each session). Cookies are used for purposes of authentication, security, preferences, (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Services. You can review the list of cookies below:

Cookie	Description	Lifespan	Essential
_qultr_session	We use this cookie to enable the functionality necessary to run the Platform during the session. For example, this cookie helps us store short-lived preferences, such as timezone information, to display events in a user’s local time.	Duration of the browser session	Yes
_qultr_user	We use this cookie to authenticate you and keep you logged in as you navigate between pages.	365 days	Yes
_qultr_did	This is a unique identifier that, among other things, helps us identify malicious actors and to prevent cyber-security attacks. For example, rapidly guessing different sign-in codes.	365 days	Yes

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How We Protect Your Personal Information

We take reasonable measures to protect the confidentiality, security, and integrity of your information. We have implemented physical, electronic, and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of the information that could identify you. We cannot ensure or warrant perfect security. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

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Our Policy on Information from Children

Under Thirteen. Our Services are intended for Users ages 18 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13.

Parental Controls. If you believe that your child’s Personal Information was mistakenly collected through our services, please contact us immediately at [email protected] and we will work with you to determine if this is the case and remove such information if necessary.

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Your Options Regarding Your Personal Information

Personal Information. Subject to the terms of this Privacy Policy, you may review, update, change, or delete information that can be used to personally identify you, by reaching out at [email protected]. Please note that in certain circumstances, and if permitted by law or necessary for a lawful purpose, we may retain your Personal Information even after you have requested deletion. Such retention may occur if it is required to comply with our legal obligations, resolve disputes, or enforce our agreements, including our terms and conditions.

Cookies And Local Storage. You may delete local storage or cease our placement and use of local storage by setting your browser or internet enabled device to disable local storage. Please be aware that local storage is important for your access to our Services and if you disable local storage, your access to our Service may be restricted or impossible.

Opting-Out. You may opt-out from having your Personal Information used for certain purposes. If you no longer wish to receive our updates and promotional communications, you may opt-out of receiving them by following the instructions included in each communication or by emailing us at [email protected].

Retention. Personal Information will be retained for the duration a Subscriber has an active account with us. However, we may continue to retain such information about you if it is necessary to fulfill the purposes outlined in this Privacy Policy. In addition, we may retain your information for an additional period as is permitted or required to (for example to comply with our legal obligations, resolve disputes, or protect our users, us or our Services from your wrongful use of our Services in the future, and or enforce agreements). If required by applicable law, we shall delete your information when the information is no longer necessary or requested to do so.

California Privacy Rights. Pursuant to California Civil Code Section 1798.83, California residents have the right to request information about the disclosure of their Personal Information to third parties and in certain cases to affiliates for those parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and wish to make such a request, please contact us at [email protected]. Kindly note that we can respond to one request per resident each year and we are only obligated to respond to inquiries made through the provided email address. To safeguard your privacy, we will require proof of identity before fulfilling requests regarding your Personal Information.

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Rules When You Access the Services from Within the EEA

If you access our Service from within an EEA Member State, the following privacy rules apply to you.

The Purposes For Which We Collect Information From You. We only process your Personal Information if we have a lawful purpose pursuant to Article 6(1) GDPR. The following lawful purposes apply to such information that we collect from you:

• Necessary Collection To Perform Services (Article 6(1)(b) GDPR). We require the Personal Information collected through our Platform to deliver our Services effectively. Our Services empower you to create and publicize Events, indicate your attendance plans, and engage with our community of Subscribers. The collection of this Personal Information is essential for us to meet our service obligations to you, ensuring that your data is handled confidentially and shared only when appropriate.
• Other Purposes. We may process your information when we are legally obliged to under GDPR Article 6(1)(c) (for example for tax purposes), it is necessary in order to protect the vital interests of you or someone else under GDPR Article 6(1)(d), it is necessary in public interest under GDPR(6)(e), or for security reasons, to better understand your and others interest and preferences for our Services and improve our Services, for internal purposes (for example for auditing), and to secure and enforce our rights under GDPR Article 6(1)(f).

Your Data Rights. Subject to the terms of this Privacy Policy, you have the right to correct, update and change (if the information we process is incorrect), or delete Personal Information or demand from us to release such information, as well as restrict how we use or entirely end the use such information, by sending an email to [email protected]. Your rights, however, may be limited, for example we will keep Personal Information if, at the time or foreseeable future, it is necessary for us to establish, exercise, or defend against a legal claim, and or protect our users, us or our Services from your wrongful use of our Services.

Withdrawing Consent. If we have received your information from you because of your explicit consent, you can withdraw this consent at any time by sending an email to [email protected].

Transferring and Sharing Data. We will never transfer your Personal Information to a third party or a successor of ours that resides in a country that does not adhere or cannot guarantee the same privacy protection standards as provided by the GDPR. We share your Personal Information with certain parties outside of the EEA, all of which protect your rights pursuant to the GDPR. You can find a list of these subprocessors here.

Parental Control. Children Under Sixteen. We do not acquire Personal Information based on consent from children under the age of sixteen. If you believe that your child’s Personal Information was mistakenly collected through our Service, please contact us immediately at [email protected] and we will work with you to determine if this is the case and grant you the rights under this Section.

Liability For Data Breach By Third Parties. If we share your Personal Information with a third party that processes the information on our behalf, we will be liable for that third party’s processing of your information in violation of the GDPR and this Privacy Policy, unless we can prove that we are not responsible for the event giving rise to the damage.

Complaint. If you believe that your rights described in this Privacy Policy are violated or you believe that we have not held ourselves to the standards described in this Privacy Policy or under the GDPR, you have the right to lodge a complaint with the respective supervisory authority in the country of your residence.

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Changes to our Privacy Policy

We reserve the right to update or amend this Privacy Policy periodically. Should we make any material changes, we will notify you by email and also post an announcement within our Services. Upon receiving notification of an update, we strongly advise you to review the revised Privacy Policy to ensure you are fully informed about our latest practices and procedures. Please note that if you have disabled cookies, there is a possibility you may not receive notices from us, including notifications about changes to the Privacy Policy.

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Contact

For further information on our Privacy Policy, or for questions or requests on information that we may have collected from you, please contact us at [email protected].

Strates LLC
221 N Broad Street, Suite 3A
Middletown, DE 19709
United States