Privacy Policy

Privacy Policy   Privacy Notice We at Upzyde BV. (“Upzyde” “us“, “we“, or “our“) recognize and respect the importance of maintaining your privacy. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at https://www.upzyde.com/tsandcs.pdf (the “Terms“). This Privacy Notice describes the types of information we collect from you when you visit our website (“Site“) and/or use our Services (the “Services“). This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information. Upzyde is the data controller in respect of the processing activities outlined in this Privacy Notice relating to information collected and/or provided by users through the Site and is the data processor in respect to information provided by our customers relating to their end users (“Customers” and “End Users” respectively). Our registered office is Johan Huizingalaan 763a, 1166 VH Amsterdam, the Netherlands our registration number 69615829. Our Customer is the data controller in respect of processing activities outlined in this Privacy Policy relating to information provided by a Customer relating to its End Users. “Personal Information” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. ⦁ Privacy Notice Key Points The key points listed below are presented in further detail throughout this Privacy Notice. These key points do not substitute the full Privacy Notice. ⦁ Personal Information We Collect. When you contact us through the Site, we collect Personal Information provided by you, such as your name, email address and the company for which you work, and information regarding your (requested) use of the Services. We also collect Personal Information about your use of the Services and our Customers’ End Users (as provided by the Customer). If you contact us with questions or complaints, we will collect the information related to your inquiry. When you visit our Site, we automatically collect your IP address and operating system. ⦁ How We Use the Information We Collect. We use the information (including Personal Information) we collect mainly to administer and provide the Site and Services, contact you with administrative information, and improve the Site and Services. ⦁ Basis for Processing Your Personal Information. Processing your Personal Information is necessary for the provision of the Site and Services to you. Processing for the purposes of developing and enhancing our products and services, for analytics and usage analysis, for fraud prevention and security and for our recordkeeping and protection of our legal rights – are all necessary for the purposes of legitimate interests that we pursue. ⦁ Sharing the Personal Information We Collect. We may share the Personal Information we collect with our service providers and subcontractors who assist us in the operation of the Site and provision of the Services and process the information on our behalf and under our instructions. ⦁ International Transfer. We may use service providers and/or subcontractors and/or cooperate with or have business partners and affiliates located in countries other than your own, and send them your Personal Information. We will ensure to have agreements in place with such parties ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer. ⦁ Your Rights. Subject to applicable law and additional rights as set forth below, you may have a right to access, update and/or delete your Personal Information and obtain a copy of the Personal Information we have collected about you. ⦁ Use of Cookies and Similar Technologies. We use cookies and similar technologies to help personalize your experience. You can adjust your settings to determine which cookies you do or do not allow. Changing your settings and/or deleting existing cookies may affect the Services. ⦁ Retention. We retain information for as long as necessary for the purposes set forth in this Privacy Notice. ⦁ Security. We implement industry standard measures aimed at reducing the risks of damage and unauthorized access or use of Personal Information, but they do not provide absolute information security. ⦁ Changes to the Privacy Notice. We may change this Privacy Notice from time. We encourage you to come back to this page every now and then to make sure you are familiar with the latest version. Information We Collect  We collect information from you when you choose to use our Site and/or Services. In order to use our Site, contact us, and/or receive Services, you may be required to provide us with certain Personal Information. We also collect Personal Information when you make use of the Site, request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. Examples of the Personal Information that we collect from you through the Site may include your name, e-mail address, and the company or which you work. In addition, when you use the Site, certain information may be automatically gathered about your computer or mobile device, such as operating system, IP address and device ID. We also collect and process the following information of End Users on behalf of our Customers: information related to IP addresses, device IDs, advertising IDs, age, gender, location-based data, ads clicked on. It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information we may not be able to provide you with the Services. How We Use Your Personal Information General We and any of our trusted third-party subcontractors and service providers may use the Personal Information we collect from and about you for any of the following purposes: (1) to provide you with the Site and/or Services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to develop new products or services and conduct analyses to improve our current content, products, and services; (4) to contact you with informational newsletters and promotional materials relating to our Site and Services; (5) to review the usage and operations of our Site and Services; (6) to use your data in an aggregated, non-specific format for analytical purposes (as detailed below); (7) to prevent fraud, protect the security of our Site and Services, and address any problems with the Site and/or Services and (8) to provide customer support. Statistical Information By analyzing all information we receive, including all information concerning visitors to the Site and End Users, we may compile statistical information across a variety of platforms and users (“Statistical Information“). Statistical Information helps understand trends and customer-needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and aggregated and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our Customers and partners, without restriction, on commercial terms that we can determine in our sole discretion. Analytics We, or our service providers or subcontractors, may use analytics tools (“Tools”), including “Google Analytics” to collect information about the use of the Site and/or Services. Such Tools collect information such as how often users visit the Site, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the Site. We use the information we get from the Tools to improve our Site and Services. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/. Legal Uses We may use your Personal Information as required or permitted by any applicable law. Disclosure of Information We may share your information, including Personal Information, as follows: Customers We will share certain information related to End Users, including Personal Information, with the Customer on whose behalf such information was collected. Business Partners, Service Providers, Affiliates, and Subcontractors We may disclose information, including Personal Information we collect from and/or about you, to our trusted service providers, business partners, affiliates, subcontractors, who may use such information to: (1) help us provide you with the Site and/or Services; (2) aid in their understanding of how users are using our Site and Services. International Transfer We may use subcontractors and service providers and have business partners and affiliates who are located in countries other than your own and send them information we receive (including Personal Information). We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer. Business Transfers We may transfer our databases containing your Personal Information if we sell our business or part of it, including in cases of liquidation. Information about our users, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition and shall continue being subject to the provisions of this Privacy Notice. Law Enforcement Related Disclosure We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation. You can request such Personal Information as specified herein by emailing us at legal@upzyde.com. Other Uses or Transfer of Your Information We allow you to use our Site and Services in connection with third-party services, sites, and/or mobile applications. If you use our Site and/or Services with or through such third-parties, we may receive information (including Personal Information) about you from those third parties. Please note that when you use third-parties outside of our Site and/or Services, their own terms and privacy policies will govern your use of those services. How We Protect Information We make efforts to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. How to Access and Limit Our Use of Certain Information You have certain rights in relation to the Personal Information that we hold about you in our capacity as a controller, as detailed below. For any requests to exercise such rights with respect to information collected by a different controller, please contact the applicable controller directly. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below: ⦁ Right of Access and Data Portability. You have a right to know what Personal Information we collect about you in our capacity as a controller and, in some cases, to have the information communicated to you. Subject to the limitations in applicable law, you may be entitled to obtain from us a copy of the Personal Information you provided to us (excluding information that we obtained from other sources) in a structured, commonly-used, and machine-readable format, and you may have the right to (request that we) transmit such Personal Information to another party. If you wish to exercise this right please contact us letting us know what information in particular you would like to receive and/or transmit. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, for instance, if the information includes Personal Information about another person. Where we are not able to provide you with information that you have asked for, we will endeavor to explain to you why. We will try to respond to any request for a right of access as soon as possible. ⦁ Right to Correct Personal Information. Subject to the limitations in applicable law, you may request that we update, correct or delete inaccurate or outdated Personal Information and/or that we suspend the use of Personal Information, the accuracy of which you may contest, while we verify the status of that Personal Information. We will correct your Personal Information within a reasonable time from the receipt of your written request thereof. ⦁ Deletion of Personal Information. In certain circumstances you have a right to have Personal Information that we hold about you deleted. Should you wish to have any Personal Information about you deleted, please contact us, using the contact information specified in this Privacy Notice. Subject to applicable law, we will delete Personal Information provided to us by a user within a reasonable time from the receipt of a written (including via email) request by such user to delete such collected Personal Information. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Information, you should also terminate your account with us and clear our cookies from any device where you have visited our Site. We may retain certain Personal Information (including following your request to delete) for audit and record-keeping purposes, as well as other purposes, all as permissible and/or required under applicable law. We may also retain your information in an anonymized form. ⦁ Direct Marketing Opt Out. You can change your mind at any time about your election to receive marketing communications from us and/or having your Personal Information processed for direct marketing purposes. If you do, please notify us by contacting us as detailed in this Privacy Notice. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective. ⦁ Right to Object. Subject to applicable law, you may have the right to object to processing of your Personal Information for certain purposes. ⦁ Supervisory Authority. If you are a European Citizen, you may have the right to submit a complaint to the relevant supervisory data protection authority. Data Retention Subject to applicable law, we retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth in this Privacy Notice. Cookies and Similar Technologies We use cookies and similar technologies to help personalize your experience. A “persistent” cookie may be used to help save your settings and customizations across visits. Third parties through which we provide the Services and/or our business partners may be placing and reading cookies on your browsers, or using web beacons to collect information in the course of advertising being served on different websites. Cookies and Similar Technologies What are Cookies? A cookie is a small piece of text that is sent to a user’s browser or device. The browser provides this piece of text to the device of the originating user when this visitor returns. ⦁ A “session cookie” is temporary and will remain on your device until you leave the Site. ⦁ A “persistent” cookie may be used to help save your settings and customizations across visits. It will remain on your device for much longer or until you delete it. ⦁ First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies. ⦁ Information may also be collected through web beacons, which are small graphic images (“pixel tags”), which usually work together with cookies in order to identify users and user behavior. These may be shared with third parties. We may use the terms “cookies” to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above. How We Use Cookies  Upzyde uses cookies and similar technologies for a number of reasons, for example, in order to help personalize your experience and to help personalize the ads we serve you. The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:
Type of Cookie Why We Use These Cookies
Necessary These cookies are necessary in order to allow the App to work correctly. They enable you to access the App, move around, and access different services, features, and tools. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session. These cookies cannot be disabled.
Functionality These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) in order to help us personalize your experience and offer you enhanced functionality and content.
Security These cookies can help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance These cookies can help us collect information to help us understand how you use our App, such as whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our App.
Analytics These cookies help us learn more about which features are popular with our users and how our App can be improved.
How to Adjust Your Preferences Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may function improperly when cookies are disabled or removed. Third Party Cookies Google Analytics places cookies for Analytics purposes. Third-Party Applications and Services All use of third-party applications or services is at your own risk and subject to such third party’s privacy policies. Children We do not knowingly collect personally-identifiable information from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has enrolled without parental permission, please advise us immediately. Changes When submitting information through the Site, you shall be asked to accept the terms of this Privacy Notice. If you do not agree with the terms hereof, please do not use the Site. We may update this Privacy Notice from time to time, in which case, we shall notify you of such changes. We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version. Any new Privacy Notice will be effective from the date it is accepted by you. Comments and Questions If you have any comments or questions about our privacy policy, or if you wish for us to amend or delete your Personal Information, please contact us at legal@upzyde.com. Last updated: May 2018  

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