PRIVACY POLICY
Last updated: July 20, 2026
This Privacy Policy describes how PRESENT IRL LLC, a California limited liability company (“Company,” “we,” “us,” or “our”), collects, uses, discloses, and protects information in connection with the PRESENT IRL mobile application, website, and related services (collectively, the “Service”). This Privacy Policy is incorporated by reference into, and should be read together with, our Terms of Service (“Terms”). Capitalized terms not defined in this Privacy Policy, including “Moments,” have the meanings given to them in the Terms.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED HEREIN. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.
1. SCOPE
This Privacy Policy applies to all users of the Service, including visitors to our website. It applies regardless of the device or platform used to access the Service, including the Apple App Store and Google Play Store. This Privacy Policy does not apply to any third-party websites, applications, or services that may be linked to or accessible through the Service, which are governed by their own privacy policies.
2. INFORMATION WE COLLECT
2.1 Information You Provide Directly
We collect information you voluntarily provide when you create an account or otherwise use the Service, including:
● Account information, such as your name, email address, and password;
● Profile information, such as a profile photo and preferences you choose to share;
● Content you submit through the Service, including information about Moments you create, join, or discuss, messages, photos, and other User Content;
● Communications you send to us, including support requests and Dispute Notices under the Terms.
2.2 Contacts and Photo Library Access
With your express permission, the Service may request access to the contacts stored on your device and to your device’s photo library. We request this access solely to enable features such as inviting contacts to connect or attaching photos to your Moment or using for your profile photo. You control this access through your device’s operating system settings and may revoke it at any time; revoking access may limit certain features of the Service. We do not access your contacts or photo library except as necessary to provide the specific feature for which you granted permission, and we do not use your contacts to build advertising profiles.
2.3 Information Collected Automatically
When you use the Service, we and our service providers automatically collect certain information, including:
● Device information, such as device type, operating system, and unique device identifiers;
● Log and usage data, such as the features you use, dates and times of access, crash reports, and diagnostic data;
● Approximate location information derived from your IP address, to the extent necessary to operate and secure the Service;
● Cookies and similar tracking technologies, as described in Section 13 below.
2.4 Moment Location and Address Information
When you create a Moment, you may choose to enter and share a location or physical address, along with the date and time of the Moment. This information is provided by you, not collected by the Company through device sensors, and the Company does not independently track or monitor your real-time location. Once entered, this location and address information is visible to any user you grant access to view that Moment, in the same manner as the content of the Moment itself. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHO YOU GRANT ACCESS TO A MOMENT, AND YOU SHOULD ASSUME THAT ANY USER GRANTED SUCH ACCESS WILL BE ABLE TO SEE WHERE AND WHEN YOU OR OTHER PARTICIPANTS WILL BE PHYSICALLY PRESENT. This disclosure is consistent with, and should be read together with, the Real-World Interactions Disclaimer and Assumption of Risk provisions of the Terms. We encourage you to exercise discretion in choosing who may view a Moment's location, particularly where the Moment involves a private residence or other sensitive location.
2.5 Information From Third Parties
We may receive information about you from third parties, including Third-Party Sign-In Services (as defined below), other users (for example, if another user invites you to a Moment, or shares a Moment's location with you) and service providers who assist us in operating the Service.
2.6 Brand Accounts
The Service offers certain accounts designated as “Brand Accounts,” currently available on an invite-only beta basis, which are intended for businesses, organizations, and other entities. Unlike standard accounts, where a Moment is generally visible only to users individually approved by the creator, a Brand Account holder may choose to make its Moments — including any location, address, date, and time information associated with those Moments — visible in one of the following ways:
● Public Visibility. The Brand Account may be discoverable through search by any user of the Service, and other users may connect with and view the Brand Account’s Moments without the Brand Account holder individually reviewing or approving each connection; or
● Passcode-Protected Visibility. The Brand Account holder may set a passcode that allows any user possessing that passcode to view the Brand Account’s Moments, again without individual review or approval of each viewer.
If you interact with a Brand Account, you should understand that its Moments, and any location or address information associated with them, may be visible to a broader or less individually-vetted audience than Moments shared through standard accounts. The Company does not control, and is not responsible for, a Brand Account holder’s choice of visibility setting, its distribution of any passcode, or the identity of any user who views a Brand Account’s Moments as a result. Brand Account holders are solely responsible for evaluating the appropriateness of public or passcode-based disclosure for any Moment, particularly where location or address information is involved. This feature is expected to become a paid feature of the Service in the future, at which point additional terms may apply.
3. THIRD-PARTY SIGN-IN SERVICES
As described in the Terms, the Service may allow you to create an account and sign in using Third-Party Sign-In Services, including Sign in with Apple and Sign in with Google. When you use a Third-Party Sign-In Service, we receive certain information from that service, such as your name and email address, as authorized by you and permitted by the applicable third party’s policies. We use this information to create and authenticate your account. You may review and manage the permissions granted to the Company through your Apple ID or Google Account settings.
4. HOW WE USE YOUR INFORMATION
We use the information we collect to:
● Provide, operate, maintain, and improve the Service, including facilitating the creation, discovery, and coordination of Moments;
● Create and manage your account and authenticate your identity;
● Enable features you request, such as contact invitations and photo attachments;
● Communicate with you, including sending account notices, transactional messages, and responding to support requests and Dispute Notices;
● Monitor, investigate, and enforce compliance with our Terms, including detecting fraud, abuse, and harmful conduct;
● Comply with applicable law, respond to legal process, and protect the rights, property, and safety of the Company, our users, and the public;
● Analyze usage trends and diagnose technical issues to maintain and improve the Service.
We do not use your information for any purpose materially different from those described in this Privacy Policy without providing notice and, where required by law, obtaining your consent.
5. HOW WE SHARE YOUR INFORMATION
THE COMPANY DOES NOT SELL OR SHARE YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING OR OTHER MONETARY OR VALUABLE CONSIDERATION.
We disclose information only in the following circumstances:
● Service Providers. We share information with vendors and service providers who perform services on our behalf, such as cloud hosting, analytics, customer support, push notification delivery, and payment processing. These service providers are contractually restricted to using your information only to provide services to us and are prohibited from using it for their own independent purposes.
● Other Users. Certain information, such as your profile information, your participation in a Moment, and any location or address information you enter for a Moment, is visible to other users you grant access to that Moment, as a function of how the Service operates. As described in Section 2.6, Moments created through a Brand Account may be visible more broadly, including to any user via search or to any user with a passcode, without the Brand Account holder individually approving each viewer.
● Legal and Safety Reasons. We may disclose information where we believe in good faith that disclosure is necessary to comply with applicable law, regulation, legal process, or governmental request; to enforce our Terms; to detect, prevent, or address fraud, security, or technical issues; or to protect the rights, property, or safety of the Company, our users, or the public.
● Business Transfers. We may disclose or transfer information in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, subject to standard confidentiality arrangements.
● With Your Consent. We may share information for any other purpose disclosed to you at the time of collection or with your consent.
6. LEGAL BASES FOR PROCESSING (EEA AND UK USERS)
If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), we process your personal data on the following legal bases under the General Data Protection Regulation (“GDPR”) and, where applicable, the UK GDPR:
● Performance of a Contract, to provide the Service you have requested, including your account and participation in Moments;
● Legitimate Interests, to maintain and improve the Service, ensure security, and prevent fraud, provided such interests are not overridden by your rights and interests;
● Consent, where you have provided express permission, such as access to your contacts or photo library, which you may withdraw at any time;
● Legal Obligation, where processing is necessary for us to comply with applicable law.
7. INTERNATIONAL DATA TRANSFERS
The Company is based in the United States, and information we collect is processed and stored in the United States and other jurisdictions where our service providers operate. If you are located outside the United States, you understand that your information will be transferred to, stored, and processed in the United States and other countries, which may have data protection laws that differ from those of your jurisdiction. Where required by applicable law, we implement appropriate safeguards for such transfers, such as the European Commission’s Standard Contractual Clauses or the UK’s International Data Transfer Addendum.
8. DATA RETENTION
We retain personal information for as long as necessary to provide the Service, comply with our legal obligations, resolve disputes, and enforce our agreements, taking into account the nature of the information and the purposes for which it was collected. When you delete your account, we will delete or de-identify your information within a commercially reasonable period, except where we are required or permitted by law to retain it, including information relevant to a pending Dispute Notice, claim, or legal obligation.
9. YOUR PRIVACY RIGHTS
9.1 California Privacy Rights
If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”), gives you the following rights with respect to your personal information, subject to certain exceptions:
● Right to Know the categories and specific pieces of personal information we have collected about you, and the categories of sources, purposes, and third parties with whom it is shared;
● Right to Delete personal information we have collected from you, subject to certain exceptions;
● Right to Correct inaccurate personal information;
● Right to Opt Out of the sale or sharing of personal information. As stated above, the Company does not sell or share personal information for cross-context behavioral advertising, so no opt-out is currently necessary;
● Right to Limit the Use of Sensitive Personal Information. We do not use sensitive personal information for purposes beyond those permitted under the CCPA without your consent;
● Right to Non-Discrimination for exercising any of the foregoing rights.
To exercise these rights, please contact us using the information in Section 18 below. We will verify your request using information associated with your account before responding. You may also designate an authorized agent to make a request on your behalf, subject to our ability to verify the agent’s authority to act on your behalf.
9.2 EEA and UK Privacy Rights
If you are located in the EEA or UK, you have the right to request access to, rectification of, or erasure of your personal data; to restrict or object to our processing of your personal data; to receive your personal data in a portable format; and to withdraw consent at any time where processing is based on consent, without affecting the lawfulness of processing prior to withdrawal. You also have the right to lodge a complaint with your local data protection supervisory authority.
9.3 All Users
Regardless of your location, you may review, update, or delete certain account information directly within the Service, or by contacting us using the information in Section 18 below.
10. CHILDREN’S PRIVACY
Consistent with the Terms, the Service is intended for users who are at least eighteen (18) years of age, or the age of majority in their jurisdiction, except that users between thirteen (13) and eighteen (18) years of age may use the Service only with parental or guardian consent and supervision. THE SERVICE IS NOT DIRECTED TO CHILDREN UNDER THIRTEEN (13) YEARS OF AGE, AND WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13. If we become aware that we have collected personal information from a child under 13 without verified parental consent, we will take steps to delete such information promptly. If you believe we have collected information from a child under 13, please contact us using the information in Section 18 below.
11. DATA SECURITY
We implement commercially reasonable administrative, technical, and physical safeguards designed to protect the information we collect from unauthorized access, use, alteration, or disclosure. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials, as further described in the Terms.
12. THIRD-PARTY SERVICES AND LINKS
As described in the Terms, the Service may contain links to or integrate with Third-Party Services. This Privacy Policy does not apply to, and the Company is not responsible for, the privacy practices of any Third-Party Services. We encourage you to review the privacy policies of any Third-Party Services you access.
13. COOKIES AND TRACKING TECHNOLOGIES
Our website may use cookies, web beacons, and similar tracking technologies to operate the website, remember your preferences, and analyze usage. You can control cookies through your browser settings; however, disabling cookies may affect the functionality of the website. We do not currently respond to “Do Not Track” browser signals, as described in Section 14 below.
14. DO NOT TRACK
Some browsers offer a “Do Not Track” (“DNT”) feature. Because there is not yet a common industry standard for how to respond to DNT signals, the Service does not currently respond to DNT signals.
15. CHANGES TO THIS PRIVACY POLICY
The Company may modify this Privacy Policy at any time by posting a revised version or otherwise notifying you as required by law. The “Effective Date” above indicates when this Privacy Policy was last revised. Your continued use of the Service after any modification constitutes your acceptance of the revised Privacy Policy. If you disagree with the revised Privacy Policy, you must stop using the Service.
16. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, our collection, use, or disclosure of your information, or the interpretation, breach, or validity of this Privacy Policy (a “Privacy Dispute”) shall be resolved in accordance with the Pre-Arbitration Dispute Resolution Procedure, Arbitration, and Class Action Waiver provisions set forth in Sections 22, 23, and 24 of the Terms, which are incorporated into this Privacy Policy by reference as though fully set forth herein. Without limiting the foregoing incorporation, you and the Company agree that:
● Any Privacy Dispute shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Commercial Rules, as modified by the Terms, and not by way of court or jury trial;
● The seat of any such arbitration shall be Los Angeles County, California, and the Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision;
● YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY PRIVACY DISPUTE, WHETHER IN ARBITRATION OR IN COURT;
● Either party may seek individual relief in small claims court consistent with the Terms, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to the extent permitted under Section 23 of the Terms.
In the event of any conflict between this Section 16 and Sections 22 through 24 of the Terms, the Terms shall control.
17. GOVERNING LAW
This Privacy Policy shall be governed by the laws of the State of California, without regard to its conflict of law provisions, except to the extent that the arbitration provisions incorporated in Section 16 above are governed by the Federal Arbitration Act, and except as otherwise required by applicable data protection law where you reside.
18. CONTACT US
For questions, comments, or concerns regarding this Privacy Policy, please contact us at: connect@present-irl.com or at the following address: Present IRL LLC, 2019 N St #15078 Sacramento, CA 95816, United States.
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