Effective Date: September 16, 2013
UpTo, Inc., ("UpTo", "we" or "us") is the owner of the site www.upto.com (the "Site"). UpTo recognizes that your privacy is important to you, and the security of your personal information is important to us, as well. We want you to be as comfortable as possible using the Site and the services provided by UpTo, as defined in UpTo’s Terms of Use ("Service"). Therefore, we have developed this Privacy Policy which details important information regarding the use and disclosure of user information we collect to help you make an informed decision about whether to use or continue using the Site and the Service. Users of the Site that register for the Services shall be "Registrants".
This Privacy Policy is incorporated into and subject to the Terms of Use. Each time that you access or use our Service you signify that you agree to be bound by the Terms of Use and this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must discontinue use of the Site and the Service.
To the extent that UpTo enters into a separate, signed agreement with you relating to your use of the Site (a "Signed Agreement"), and the terms of the Signed Agreement differ from this Privacy Policy, then the terms of the Signed Agreement shall prevail.
Registration. We will collect and store personal information you enter when registering for the Service or logging into the Site. In order to register for the Service, you must complete the sign-up form by providing the requested contact and registration information ("Registrant Information"). The types of personal information collected may include, but not be limited to, your name, email address, date of birth, gender, and phone number. If you choose to log in to the Site using your account on another online service, we will collect and store your log-in information for that account, however, we will not store or have access to your password for those other services. The information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features.
Web Logs. Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Site. We may track your movement within the Site, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the internet address from which you linked to our Site, the operating system of your computer, the unique IP address of the computer you used to access our Site, and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness of our Site, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information.
Cookies. To help make sure you receive information that is relevant to you, our Site uses data "cookies." We use session cookies to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser. We use persistent cookies to identify Registrants, customize the content of certain sections of the Site, and to enable us to track and cater to the interests of users, in order to enhance their experience on the Site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s "help" file. Cookies help us learn which areas of our Site are useful and which areas need improvement. You may configure your browser to prevent cookies from being set on your computer. If you reject cookies, you may still use the Site, but your ability to use some areas of the Site may be limited, and you may not be able to use certain features of the Site.
Certain advertisements on the Service may be delivered to Registrants by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by UpTo and its service providers and does not cover the use of cookies by any advertisers.
UpTo uses Google Analytics to better understand who is using the Service, and how people are using it. Google Analytics uses cookies to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used. We use this information to improve the Service and make it appealing to as many users as possible. Google has developed a browser plugin to allow you to opt-out of Google Analytics' tracking software.
Cloud Computing. Certain information and content you provide or post to or through the Service, such as calendar events, may be stored in, hosted by, or accessed through a cloud computing environment which may also include data and information gathered from other various sources.
Supplemental Information. From time to time, we may supplement information you give us with information from other sources, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes. We may also receive information about you from third parties. The information that we receive may be added to any information that you provide to us, in order to provide you with more personalized experience with our Service.
Service Providers. We may use third party service providers to help us operate our business and the Site or administer activities or services on our behalf. We may share your information with these third parties for those limited purposes.
When you use or connect to the Service by or through a Third Party Platform, such as Facebook or other social networking site, you allow us to access and/or collect certain information from your Third Party Platform profile/account (such as your Facebook account) or via any cookies placed on your device by such Third Party Platform as permitted by the terms of the agreement and your privacy settings with the Third Party Platform. We will share such information with the Third Party Platform for their use as permitted by the terms of the agreement and your privacy setting with the Third Party Platform.
We will share some of the information we collect from you upon install of the mobile app with vendors and other service providers who are engaged by or working with us in connection with the operation of the services we provide to you and/or for analytics purposes which may require the reproduction and display of such information in an aggregated and anonymized manner such that will not in any way identify you.
Strategic Partners. We may enter into agreements with third party companies and networks to provide our Registrants with product and service information from these third parties. In certain situations, these third parties sell items or provide promotions to you through the Service. In other situations, UpTo provides services, or sells products jointly with these services. We will share your information that is related to such transactions with these third parties, unless you have elected not to be solicited by marketing partners during the registration process or through the account settings page.
Internal Marketing. We may use your information for internal marketing purposes, including, but not limited to, promoting the Site and the Service to visitors and Registrants.
"Friends", Visitors & Other Registrants. Your "friends" can see the title, description, location and time of calendar events that you opt to share, first name and last name, photos, and comments you write. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in posts, comments or other content (location or otherwise) that you create in the Service.
The Service also has the following features that may allow you to share your information with others:
Aggregate Data. We may develop, use and share with third parties information about how Registrants use the Services and the Site, in non-personal aggregate form. This information will not identify any specific individual, but rather, reflect the collective behaviors and demography of users on the Site and Service.
Other Uses. We may use your information to contact you about the Services on our Site for which you have expressed an interest, for example, if you have contacted customer service or made an inquiry.
Announcements. If you are a Registrant, we may send you service-related announcements and emails from time to time relating to your account. We may also send you service-related announcements when it is necessary to do so. For instance, if any service is temporarily suspended for maintenance, or the delivery of a service is delayed we might send you a notice, or if there is some service issue with something you might have requested. You may not opt-out of these communications, which are not promotional in nature.
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat.
Sale or Transfer of Business or Assets. In the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, any and all personally identifiable information, including Personal Information, of our visitors and Registrants may be one of the assets sold or merged in connection with that transaction. Information about visitors and Registrants may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.
Registrants may deactivate their account at any time by contacting support@upto.com. If for any reason you are concerned that the personal information you provided to us is not correct and you cannot change it by accessing your account, or should you wish to have your email address removed from our mailing list or contact information changed, please contact us or send an e-mail to support@upto.com. We will be happy to review, update or remove information as appropriate. If you deactivate your account, your profile, including your calendar events history, your User Content (as defined in UpTo’s Terms of Service) and any promotional offers you received, will be removed from the Site and deleted from UpTo's servers. Because of the way we maintain the Site, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media for up to ninety (90) days. Notwithstanding the foregoing, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we deem necessary due to technical and legal requirements and constraints related to the security, integrity and operation of our Site. Further, we may maintain certain information about your and others use of the Service in aggregate, non-personal form. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.
You may remove your information from our database so as not to receive future promotional communications or to close your account by emailing us at support@upto.com or sending a letter to us at the following address: UpTo, Inc. 1555 Broadway St., Detroit, MI 48226.
If you prefer not to receive electronic promotional communications from us, you can also opt-out by following the unsubscribe instructions included in each communication.
Please note, changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or affiliated companies) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
You may "opt out" of the collection of your information for third party analytics purposes by following the directions provided by our third party analytics vendor located at http://www.mobileapptracking.com/privacy-policy/. If you "opt out" with our third party analytics provider, that action is specific to the information we collect specifically for that provider, and does not limit our ability to collect information from you, under the terms of this privacy policy, for other vendors.
Links to other sites. When visiting our Site and using the Services, you may have access to various third party sites. To the extent hyperlinks may be utilized to access external or third party sites or if you come to our Site through a link from any such third party sites, you should be aware that these external or third party sites are not controlled by us and, therefore, are not subject to this Privacy Policy. We recommend that you check the privacy policies of these sites to determine how your information will be utilized by the proprietors of those third party sites.
Security. Your account information is protected by a password for your privacy and security. UpTo endeavors to safeguard user information to ensure that user account information is kept private. However, despite these efforts, no system can completely guaranty that there will never be unauthorized access to your personally identifiable information, and your use of the Site indicates that you are willing to assume this risk. You need to prevent unauthorized access to your account and your information by selecting and protecting your password appropriately, and limiting access to your computer and browser by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
International Users. The Service is hosted in the United States. If you are accessing the Site from outside the United States, by providing your information to the Site and using the Service, you hereby consent to the transfer of your information to the United States for processing and maintenance in accordance with this Privacy Policy and our Terms of Use. You are also consenting to the application of United States law in all matters concerning the Site.
Children’s Privacy. The Site is not directed or intended for children under 13 years of age. We do not knowingly collect personal information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide personal information on the Site. Should we become aware of a child under the age of 13 registering with our Site, we will promptly remove all such information associated with that account.
Changes to the Privacy Policy. We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Site, with the “Effective Date" posted at the top of the Privacy Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the Effective Date of the Privacy Policy will change. If we are going to use any personal information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. If you do not consent, your personal information will be used as agreed to under the terms of the privacy policy in effect at the time we obtained that information. By accessing our Site or Service after the Effective Date, you are deemed to consent to our then-current privacy policy. We will use information previously obtained in accordance with the privacy policy in effect when the information was obtained from you.
Applicable Law. If you choose to visit the Site your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on damages, and governing law. By visiting the Site, you agree that the laws of the State of Michigan, without regard to its conflict of laws principles, govern this privacy policy and any dispute of any sort that might arise between us or our affiliates.
Your California Privacy Rights. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the address referenced below, addressed to:
UpTo, Inc.
Attn: California Privacy Rights.
Contacting Us. If you have any questions about this Privacy Policy, or the practices of the Site, please contact us at:
UpTo, Inc.Copyright ©2019 UpTo, Inc. All rights reserved.
