Upgrata Inc. Privacy Policy

Upgrata Inc., a Delaware corporation (the “Company,” “we,” “us,” or “Upgrata”; possessively “our”) is committed to keeping any and all personally identifiable information collected from those individuals that make use of our online facilities and services accurate, confidential, secure and private. Personally identifiable information means any information that identifies you as an individual such as name, address, phone number, email address, credit card and bank account numbers. This privacy policy (the “Privacy Policy” or the “Policy”) shall govern our use of any and all personally identifiable information collected from you in connection with your use of our online services. Through the use of our Site and Services, you are herein consenting to the following terms expressed within this Privacy Policy, as well as to the Terms of Service Agreement, which may be reviewed [link] (the “Terms”). Capitalized terms in this Privacy Policy which are not otherwise defined herein shall have the meanings ascribed to such terms in the Terms.

Collection and Use of Information:

Upgrata shall only collect personally identifiable information that you knowingly and willingly provide: (i) in connection with your use of the Site and Services including input, post or upload information, data or other content through the Services; (ii) in connection with signing up for an account and in the administration thereof; or (iii) by way of surveys, cloud storage sites, emails and other communications. It is our intent to use personally identifiable information only for the purpose of delivering our Services, and any additional uses specifically requested or set forth herein. Upgrata may also use personally identifiable information to contact you related to current or potential future products and services that may be offered. We may also share personally identifiable information with our affiliates, business partners (including those who resell or distribute our products and services), service providers (including website, software, infrastructure and application providers), payment gateways, customer service, event/campaign management, cloud hosting providers, credit reference agencies, debt agencies, professional advisors, marketing agencies (including event or promotion partners or sponsors), third-party networks and websites, database providers, backup and disaster recovery specialists, analytics and email providers) and agents working on our behalf.

Other data which you provide may be aggregated with data provided by other users, on an anonymized basis, for statistical, analytical, marketing or other purposes and to improve products and services Upgrata provides.

Upgrata may transfer information about you if Upgrata, or the assets or site associated with your personally identifiable information, is acquired by another company, reorganized or merged with another company, or in connection with the sale of any business, business unit, division, product line or other assets of Upgrata. In such an event, you will have the opportunity to ask not to receive promotional information following any such transfer. Except for the foregoing or as otherwise specifically provided in this Policy or in the Terms, or in such other agreements which may be entered into between you and Upgrata, Upgrata will not now, nor will it in the future, sell, rent or lease any personally identifiable information to any third parties unless it is in connection with the provision of products and services, and you have specifically consented to such transfer.

Upgrata may disclose your personal information, without prior notice to you, if we believe it is required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Upgrata;
Maintain, safeguard and/or preserve all the rights and/or property of Upgrata, including its rights under this Policy, the Terms and/or any other agreement we may have with you; and
To safeguard the personal safety of users of Upgrata and/or the general public.

Information collected through technology:

When you visit our Sites or utilize our Services, we may collect certain information about your computer or device through technology such as cookies, web beacons, or other tracking/recording tools. The information collected may include, but is not limited to, IP addresses, referring URLs, access times, browser types, device types, mobile device identifiers, or information about your interactions with our websites, applications or services. (Note that a “cookie” is a text file placed on a computer’s hard drive or stored on a mobile device; and a “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server.) We may use the information described in this paragraph to, among other things, operate our Site and the Services contained thereon, and to offer our Services, including by remembering information so that you will not have to re-enter it during your visit or the next time you sign in to your account; identify and protect our customers; control unauthorized use or abuse of our Sites and Services; provide custom, personalized content and information, which could include third-party advertising; monitor usage and traffic patterns on our Sites and other websites from which we provide our Services; and analyze, manage and improve our Sites and Services. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Site and Services.

Security:

Upgrata shall endeavor and shall take commercially reasonable precautions to maintain adequate physical, procedural and technical security with respect to our information storage facilities so as to protect against any loss, misuse, unauthorized access, disclosure or modification of your personally identifiable information under our control.

Children’s Personal Data:

Our Sites are not directed toward children under 18 and we do not knowingly collect personal data from minors. If you are under 18, please do not use the Site or Services or share personal data with us. If you learn that anyone younger than 18 has unlawfully provided us personal data, please contact us as described in the section “How to Contact Us” below.

Choice/Opting out of Marketing:

You have the choice of receiving different types of communications and information related to our products and services. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism in all our marketing communications or you may contact us as described in the section “How to Contact Us” below. Note that if you opt out of marketing, you may still receive Service-related messages from us (and you may still receive marketing messages for a short period after opting out while we update our records).

Reasonable Efforts; Limitation of Liability:

Upgrata will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with our Privacy Policy. We sometimes release beta versions of our products and services, which are further refined before the release of the final version. Because these products and services are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome your feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of our technology and business, and the security risks associated with using the internet or other transmission technologies, Upgrata does not guarantee error-free performance under this Privacy Policy. TO THE EXTENT PERMISSIBLE UNDER LAW, UPGRATA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE UPGRATA SITES, SERVICES, CONTENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH THE UPGRATA SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO THIS PRIVACY POLICY.

CCPA:

For individuals and households in California, this section provides more information about personal information we have collected, or may collect, about you and your rights available to you under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”).

We collect Personal Information for business purposes described in this Privacy Policy. We will only share or disclose your data as described in this Privacy Policy. We do not collect Sensitive Personal Data. Sensitive Personal Data defined under the CCPA includes social security numbers, driver’s license numbers, state identification cards, passport numbers, your precise geo-location, racial or ethnic origins, religious or philosophical beliefs, union memberships, the contents of your mail and email, or genetic data. We do not collect account log-ins, financial information, debit or credit card numbers in combination with your security codes or passwords.

Subject to certain limitations, the CCPA provides you a number of rights, specifically:

Your right to request more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information);
Your right to delete your personal information;
Your right to opt out of any “sales” that may be occurring; and
Your right to not be discriminated against for exercising these rights.

These rights do not remove any rights you have as described in this Privacy Policy. You may exercise these rights by contacting us as described in the section "How to Contact Us" below. You may also designate an authorized agent to exercise these rights on your behalf. We may request additional information to verify your identity.

GDPR:

The disclosures in this section apply solely to residents of the European Economic Area, Switzerland, and the United Kingdom, and describe how we collect, use, disclose, and otherwise process personal data about you. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the General Data Protection Regulation (“GDPR”). Upgrata is the controller of the personal data we hold about you in connection with your use of the Service.

We collect and process your personal data for purposes set forth in this Privacy Policy. Where required by law, we obtain your consent to use and process your personal data for these purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the performance of a contract or legitimate interest) to collect and process your Personal Data.

From time to time we may contact you with information about our products and services, including sending you marketing or advertising messages and asking for your feedback on our products and services. For some marketing or advertising messages, we may use personal data we collect about you to help us determine the most relevant marketing or advertising information to share with you. You can unsubscribe at any time from our marketing or advertising emails by clicking on the unsubscribe link at the bottom of the email or by contacting us as described in the section “How to Contact Us” below.

In addition, when you give us your consent, we may provide your information to third parties for targeted advertising or we may allow our advertising partners to collect data about you for that purpose using cookies or similar technologies.

You have the following rights in respect of your personal data that we hold: (i) right of access; (ii) right of portability; (iii) right to rectification; (iv) right to erasure; (v) right to restriction; (vi) right to withdraw consent; and (vii) right to object.

You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available at https://ec.europa.eu/newsroom/article29/items/612080.

If you wish to exercise one of these rights, please submit a request by contacting us as described in the section “How to Contact Us” below:

Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights.

Changes to Privacy Policy Agreement:

Upgrata reserves the right to update and/or change the terms of our Privacy Policy, and as such we will notify you so that you are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time we decide to make use of any personally identifiable information on file in a manner vastly different from that which was stated when this information was initially collected, you shall be promptly notified by email. At that time, you shall have the option as to whether or not to permit the use of your information in this different manner.

Acceptance of Terms:

Through the use of Upgrata’s Sites, Services and/or content, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy, as well as the Terms. If you are not in agreement with our Privacy Policy and/or our Terms, then you should refrain from further use of our Sites, Services, content or any of our other products and services. In addition, your continued use of our Sites, Services, content or other products and services following the posting of any updates or changes to our Privacy Policy and/or our Terms shall constitute your agreement and acceptance of such changes.

How to Contact Us:

If you have any questions or concerns regarding the Privacy Policy, please feel free to contact us at the following email address.

Email: legalnotices@upgrata.com