Terms and conditions

Who we are

Our website address is: https://www.how.lgbt.

 

What personal data we collect and why we collect it

 

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

 

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

 

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

 

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

 

Analytics

 

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

 

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

 

Where we send your data

Visitor comments may be checked through an automated spam detection service.

 

How.LGBT Terms of Use

Revised: October 25, 2019

 

These Terms of Use are effective immediately for unregistered users and users registering accounts on or after the revision date.

You acknowledge that these Terms of Use may be updated at any time, and you agree always to be bound by the latest Terms of Use which Out Now (“we”, us”) have posted on How.

These Terms of Use (the “Terms”) govern your access to and use of our websites, emails and mobile applications (“How”).

These Terms also include our Privacy and Cookie Policy.

By accessing and using How, you agree to comply with these Terms.

A. Introduction
These Website Terms of use written on this webpage shall manage your use of How. By using How, you agreed to accept all terms and conditions written in here. You must not use How if you disagree with any of these Website Terms.

B. Intellectual Property Rights
Other than the content you own, under these Terms, Out Now and/or its licensors own all the intellectual property rights and materials contained in How.

You are granted limited license only for purposes of viewing the material contained on How.

C. Restrictions
You are specifically restricted from all of the following

– publishing any Website material in any other media;
– selling, sublicensing and/or otherwise commercializing any Website material;
– publicly performing and/or showing any Website material;
– using How in any way that is or may be damaging to How;
– using How in any way that impacts user access to How;
– using How contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
– engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to How;
– using How to engage in any advertising or marketing.

D. Certain areas of How are restricted from being accessed by you and Out Now may further restrict access by you to any areas of How, at any time, in absolute discretion. Any user ID and password you may have for How are confidential and you must maintain confidentiality as well. You gain no ownership or asset rights in any materials you post on this website nor in any materials you may access on it.

E. Your Content
In these Website Terms of use, “Your Content” shall mean any audio, video text, images or other material you choose to display on How. By displaying Your Content, you grant Out Now a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Out Now reserves the right to remove any of Your Content from How at any time without notice.

F. No warranties
How is provided “as is,” with all faults, and Out Now express no representations or warranties, of any kind related to How or the materials contained on How. Also, nothing contained on How shall be interpreted as advising you.

G. Limitation of liability
In no event shall Out Now, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of How whether such liability is under contract or not. Out Now, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of How.

H. Indemnification
You hereby indemnify Out Now to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms or your use of the How site in any way.

I. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

J. Variation of Terms
Out Now is permitted to revise these Terms at any time as it sees fit, and by using How you are expected to review these Terms on a regular basis. You agree by engaging on the How.LGBT website to always be bound by the current Terms of the site.

K. Assignment
Out Now is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

L. Entire Agreement
These Terms constitute the entire agreement between Out Now and you in relation to your use of How, and supersede all prior agreements and understandings.

M. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of France, and you submit to the non-exclusive jurisdiction of France and its courts for the resolution of any disputes.

N. If you are using How on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreement with you. You may not use How if you do not agree to the version of the Terms posted on How at the time you access How. (The terms “we” and “us” refer to How and Out Now, a company located in France.)

O. Please note: These Terms may at our discretion require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. Out Now Privacy Policy

This privacy policy discloses the privacy practices for Out Now and websites owned or operated by Out Now, including OutNowConsulting.com and How.LGBT and other sites managed by Out Now. This privacy policy applies solely to information collected by us from you when you interact with us online. It will notify you of the following:

What personally identifiable information is collected from you through Out Now managed web sites, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.

1a. Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order or to comply with any properly constituted legal requirement of law enforcement authorities.

1b. Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the contact form given on our OutNowConsulting.com website:

• See what data we have about you, if any.

• Change/correct any data we have about you.

• Have us delete any data we have about you.

• Express any concern you have about our use of your data.

1c. Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data) on a website we manage, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

1d. Links
Out Now web sites may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

1e. Surveys
From time-to-time our site/s may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose your information in such a survey. Information requested may include non-identifying information, demographic information (such as postal/zip code, age, education levels, marital status) or other information. Contact information may be used to notify participants in future. Your information is retained in a secure web server environment. In surveys where you do not provide any personally identifiable contact information we retain no information on you that can track you beyond your participation in a particular survey nor allow us to contact you again in future. We would only be able to contact you again where you both provide your contact information and give us your permission to do so.

1f. Information sharing / disclosure
Personally Identifiable Information Sharing with Clients/Partners

We do not share any personally identifiable information with any third parties except as indicated in this policy. If a user of our site specifically provides their identifying information, their personally identifying information will not be shared without their consent, unless we are required to do so by law. We reserve the right to disclose your personally identifiable information with your consent and/or as required by law and/or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or similar legal process.

1g. Choice / Opt-out
If you no longer wish us to hold personally identifiable data, you may opt out of our records by notifying us via the contact form at OutNowConsulting.com. If you are a member of an Out Now research panel, you may opt out of membership in our research panels by following instructions included in each survey invitation.

1h. Tracking technologies
As is true of most web sites, Out Now operated sites may gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you. Technologies such as cookies may be used by Out Now managed websites. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an aggregated basis. We may use cookies for user authentication purposes. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our sites, but your ability to use some features or areas of our site may be limited.

1i. Testimonials
We display personal testimonials of satisfied customers on our site in addition to other endorsements.

1j. Security
The security of any personal information we hold is important to us. When you enter sensitive information such as credit card number on our order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

1k. Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you have any questions, concerns or comments to make about Out Now’s privacy policy, at any time please feel free to contact us: via the web form at OutNowConsulting.com.

Additional notes on How Privacy Policy (HPP)

Protecting your privacy is very important to Out Now.

1k1. By enrolling in How you agree to be listed in Out Now database records. You understand and agree that Out Now may list your involvement in the How site in a publicly accessible listing — showing you are registered in How and other such relevant information as Out Now may in its sole discretion decide to list.

1k2. Your data may also be kept by the third party service provider/s utilized by Out Now in collecting monies you expend on How and/or by those suppliers we use to host the How site and you agree to this in engaging with the site.

1k3. Except for points 1k1 and 1k2 of this HPP, Out Now will not sell or provide your data to any third party unless required to do so by law, although your involvement in How is subject to all aspects of these Terms and Conditions above and below.

1k4. You agree to receive email communications regarding How and other related Out Now business.

1k5. Out Now may contact you regarding other gay market development matters from time to time.

1k6. Out Now may also contact you by telephone, or email or other means using information provided by you as a result of your participation in How.

1k7. Your continuing enrolment in the program is subject to full acceptance of this PP.

2. Software terms and conditions

PLEASE READ THIS TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE OUT NOW TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES. BY USING THE OUT NOW TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, TERMS AND CONDITIONS AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF AGREEMENT, DO NOT USE THE TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU SHOULD NOT ENROL IN THE HOW PROGRAM (“How”). IF YOU DO ACCEPT THESE TERMS AND CONDITIONS YOU AGREE TO BE BOUND BY THEM.
***
IMPORTANT NOTE: This interactive How platform / training software and/or associated products and services may never be used to reproduce materials. Access to How is licensed to you only for use online (or subject to a separate software use license as agreed between you and Out Now if applicable). By enrolling in How or accessing any element of How you gain no rights to reproduce, copy or otherwise recreate any element of the content of How. This training software and/or associated products and services may be used for remote access to How content on a single user account. Any attempt to copy or reproduce any How content in any form may render you liable to prosecution, and if you are uncertain about your liabilities that may arise under the law should you breach this agreement you should contact your legal advisor. Out Now will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.

2a. By enrolling in the How™ program (How), you (as an individual, on behalf of your employer whom you may be reasonably said to represent, and all legal entities legally and reasonably able to be said to be associated with you for the terms of this agreement) agree to be bound by all Terms and Conditions of this program, including services license agreement, terms and conditions, privacy policy and other aspects of these terms.

2b. By enrolling in the How ™ program (How) you agree to be bound by the terms of the Out Now How ™ Privacy Policy (HPP).

2c. Out Now retains and asserts at all times all ownership/s of all content in How, in whatever form it is expressed, including, but without limitation, terms used to describe How, data, text, software, programming instructions, images (unless not subject to copyright), forms of expression and any and all other elements of How over which Out Now can assert such ownership and such ownership is asserted here by Out Now and agreed to by you. Any use made by you of any such materials owned by Out Now may render you in breach of this agreement and may make you liable to Out Now for damages and/or render you liable to prosecution.

2d. You acknowledge that How software, and all aspects of How contains confidential and proprietary information and is subject to applicable intellectual property laws as well as other laws, and that Out Now owns all right, title and interest in and to How and the software provided through or in conjunction with How, including without limitation all Intellectual Property Rights where “Intellectual Property Rights” means any and all rights existing from time to time under various laws including but without limitation to trademark laws, unfair competition law, patents laws, copyright laws, trade secret laws, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (a) distribute, decompile, transfer, copy, sell, license, modify, adapt, translate, disassemble, prepare derivative works from, reverse engineer or otherwise attempt to derive source code from the Software, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in How, (c) use How or its software to copy, access, transfer, transcode or retransmit content in violation of any law or third party rights.

2e. By participating in How you agree not to seek to copy, nor cause to be copied, reproduced, transmitted or otherwise accessed by any means any aspect of the How program for use outside the How program, unless granted express written permission by Out Now to do so.

2f. You agree to make no commercial use of the How system (unless expressly authorized by way of separate agreement between you and Out Now) nor to cause others to do so, as doing so may render you and your employer liable for breach of these terms.

2g. Out Now can accept no liability whatsoever for any situation related to, at any time, whether reasonably foreseeable or unforeseeable, that might arise from your participation in How, including, but without limitation to, any claims or legal liabilities you may be subject to at any time.

2h. Out Now gives no warranties, express or implied, regarding any aspect of How.

2i. You agree to comply with all Out Now policies and guidelines for How, and you agree that you will not:
* interfere with or disrupt Out Now services or servers or networks connected to Out Now services, nor disobey any procedures, policies, regulations or requirements of networks connected to Out Now services;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Out Now services or collect information about users for any unauthorized purpose;
* create user accounts under false or fraudulent pretenses; or
* transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2j. As the program may evolve over time, any aspect of the program may be continued, amended, or discontinued, including the prices paid for any content, and annual enrollment fee, should there be one. You agree that all expenditures made by you on the How program are non-refundable. Should a fee ever be sought from you for participation in any aspect of the How program, you are always free to discontinue your membership and engagement with the program.

2k. Out Now reserves the right to terminate the program at any time, or the access to the program of any individual or organization for any reason, or no reason, whatsoever.

2l. Your continuing enrollment in How is subject to your full acceptances of these Terms and Conditions, and the Privacy Policy set out below. These Terms and Conditions and/or the Privacy Policy under which the How platform operates may change from time-to-time, and you agree to be bound by any future revisions in these.

2m. Your payments made as part of your enrollment in the program entitle you to be listed in the program, subject to all other Terms and Conditions of How.

2n. Out Now is a company based in France and your agreement is subject to the operation of French law.

2o. You authorize Out Now to make public your involvement in How, and otherwise list your involvement in How as part of How and as part of these Terms and Conditions.

2p. Your agreement with Out Now is governed by these Terms and Conditions and HowP and no other documents or other media form part of this agreement.

2q. You may terminate your involvement in How only by written notice to Out Now that you no longer wish to be part of How. Your rights automatically and immediately terminate without notice from Out Now if you fail to comply with any provision of these Terms and Conditions. In such event, you will no longer be a part of How and Out Now may immediately remove any and all references to your participation in How. To the maximum extent permitted by law, Out Now reserves the right to terminate this agreement at any time and for any reason.

2r. You agree to hold harmless and indemnify Out Now and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software (or any associated How products) or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Out Now will provide you with written notice of such claim, suit or action.

2s. You expressly understand and agree that your use of How is at your sole risk. The software and all associated materials and services are provided on an “as is” basis and without warranty of any kind. To the maximum extent permitted by law, Out Now expressly disclaims all warranties and conditions of any kind, whether express or implied, including but without limitation the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

2t. You expressly understand and agree that Out Now makes no warranty (i) that the software or any aspect of How will meet your requirements, (ii) that the software or any other aspect of How will be error-free or bug-free, (iii) regarding the security, reliability, timelines, or performance of the software or any other aspects of How, and (iv) that any errors in the software will be corrected.

2u. No responsibility of any kind can be accepted by Out Now arising from your participation in How in which case the failure of any aspect of How could lead to death, personal injury, or severe physical or environmental damage.

2v. Limitation of liability — You expressly understand and agree that Out Now shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Out Now has been advised of the possibility of such damages).

2w. Miscellaneous provisions
a) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Out Now relating to the Software and govern your use of the Software, superceding any prior or contemporaneous agreements between you and Out Now regarding the Software.
b) Choice of Law and Forum. These Terms and Conditions and the relationship between you and Out Now shall be governed by the laws of France without regard to its conflict of law provisions. You and Out Now agree to submit to the personal and exclusive jurisdiction of the courts located within France.
c) Waiver and Severability of Terms. The failure of Out Now to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within three months after such claim or cause of action arose or be forever barred.

2x. Any and all of these Terms and Conditions, and Privacy Policy, are subject to change at any time, and for the latest Terms and Conditions and Privacy Policy applicable at any time reference should be made to the appropriate section/s of www.How.com .

2y. You agree to comply with any applicable policies or guidelines that Out Now may make available from time to time in its sole discretion.

3. Eligibility to Use How.LGBT

3a. To access or use How, you must be at least 18 years of age.

3b. Third party websites
How may contain links to third-party websites but you agree and understand that we do not monitor or have any control over, and make no claim or representation regarding such third-party websites. We make no warranties or representations about any such sites.

3c. Inappropriate Content
We invite all users of this site to flag any Content they consider to be inappropriate for any reason. We make no warranty to remove such content although we may do so without notification at our absolute discretion.

4 Data protection and GDPR compliance

4.1 All respondents in Out Now’s global LGBT Research Panel or How member database are opted-in participants who indicated at the time of opting-in that they wished to join the Panel or obtain How membership to contribute for research projects, or participate as a member on the How platform. Since being established in 1992, ON has always placed the highest priority on protecting the data of LGBT people. This is undertaken in a range of ways, including never sharing any personally identifying data with outside organisations, unless in the case of How, the participant chooses to do so. ON makes clear to all opted-in respondents / members that their personal details are not shared with any other organisations.

4.2 ON protects and retains at all times rights over individual respondent data, including:
– the right for individual respondents to opt-in / opt-out of the ON LGBT Research Panel database / How membership
– the right for individual respondents to request a complete record of all data ON holds on any individually identifiable respondents
– the right for individual respondents to request full deletion of all their supplied data in all ON systems.

4.3 ON always uses encrypted connections when undertaking all actions online. Since the 2003 introduction of the CAN-SPAM legislation in the US market, all emails sent by ON as part of our Panel work have always included easy one-click opt-outs.

4.4 Out Now has introduced GDPR information, which is shared with members on our Panel and/or the How platform to be contacted to invite them to request a full report of any information we hold on them. This is to provide an additional simple opt-out from our database, including removing all data we hold on them, as part of meeting our compliance requirements under EU GDPR legislation.

5 Global waiver

5.1 By participating you acknowledge that your participation in the How platform is entirely voluntary and involves no monetary consideration whatsoever and that by participating you waive all claims at any time against the platform and/or the providers Out Now, for any liability whatsoever, howsoever arising.

5.2 By participating in this platform you fully acknowledge this is provided ‘at your own risk’ so that the platform providers cannot be held liable for any loss, damage or other matters as a result of your participating in this platform. Should You not agree with this global waiver, you should discontinue your How account and seek removal of your data from Out Now systems by contacting Out Now via the How.LGBT site.

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