Google API Disclosure
upcell, LLC will use the information received from Google APIs in accordance with Google API Services User Data Policy, including the Limited Use requirements.
upcell (hereinafter “we” or “us”) offers a business intelligence platform through which businesses that use it (“users” or “you”) can obtain information to assist them in better marketing to potential prospects and others who may be interested in their products. We may provide other services involving data and marketing as well. If you are interested in the rights that apply to the information you submit to us or that we collect and use, please read this Privacy Policy (and our Terms of Service) carefully.
For residents of the State of California, please click here to find out more about your rights under the California Consumer Privacy Act of 2018 (“CCPA”).
upcell's “Service,” is defined as any website, web page or mobile app on which this Privacy Policy appears and any information services, activity or transactions that are offered, made available or facilitated through any of the above or by upcell, except that where our Services are provided through a website or app that is owned and operated by a third party, the services and content created by that third party are not part of the “Service.”
This Privacy Policy describes information that we collect and use in providing the Service. It also describes, in Section 2, information that we collect and use through this website. By accessing the Service, you acknowledge the collection, use, disclosure and other handling of your information as described below.
Information We Use to Provide the Service
We collect a variety of information from various sources, including our users and information users submit to us.
Users of our Service (“Users”) may provide a variety of information to us through the Service.
This Includes:
Users' own contact information, such as name, email address and telephone number Information about our users' business contacts, such as their (or their company's) contacts list or customer list; for instance, name, email address, telephone number. Our use of information provided by our users is governed by our Terms of Service and/or our other agreements with those users.
If we provide a payment option, we may collect payment data. We likewise may request and users may provide additional information, when they set up an account with us.
If you purchase one of our subscription-based services, you may need to provide payment and/or credit card information, and other information to validate your payment method and identity. A 3rd party payment processor will use that information to fulfill your purchase request.
Information We Obtain From Other Sources
We may also obtain information from third party sources that we trust, such as trustworthy data providers, or from public sources and methods, such as information available on public APIs and the internet.
We refer to all of the above information referred to in this Section 1 as “Service Information.”
Information We Collect Automatically
We also collect a variety of information from our Users, when they visit our website or use our Service. We refer to this information, which we describe below (in this Section 2), as “Website Information.”
First, if you visit our website (or open an email that we send you), we and third parties may use automated means to collect information about you your computer or other device, and your use of the Service. These automated means include technologies such as cookies, Web server logs, Web beacons and JavaScript, as well as functionality that can collect data from a mobile device.
Cookies are files that websites and online services create and access on your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Service may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). If you use the Service, your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies or local storage you may not be able to use all of the features of our website or other websites.
In conjunction with the gathering of information through cookies and other automated means, Web servers may log information such as your device type, operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record information such as the address of the Web page that referred you to our Service and the IP address of the device you use to connect to the Internet. They also may log information about your interaction with our Service, such as which pages you visit. To control which Web servers collect information by automated means, we may place tags on our Web pages called “Web beacons,” which are files that link Web pages to particular Web servers and their cookies. We also may include Web beacons in e-mail messages. We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of information described above and other details about your interactions with the Service.
If we provide a mobile app, we or third parties may collect information similar to the data mentioned above. In that case, we also may collect unique device identifiers (such as advertising IDs) and other mobile-specific types of information. For example, depending on your device and/or browser settings, we may collect your device's geolocation.
Use of Service Information and Website Information
How We Use the Service Information
We use the Service Information for several purposes:
To provide, evaluate and improve the Service.
To analyze how the Service is used.
To otherwise administer and troubleshoot the Service; and
To create new products, services and tools that we may use internally or offer to others, including customers.
b. How We Use the Website Information
We use the Website Information to provide, improve, maintain and evaluate the Service, including as follows:
To understand or analyze how you use the Service and how we might improve or change them.
To verify your identity and establish your account.
To send you updates, emails, newsletters and other information that may be of interest to you.
To send ads to you when you are on the Service or visit other websites (or other media channels and applications); create, tailor, deliver and study the effectiveness of advertising and promotional material both on and off of the Service; and to perform other analytics.
c. Additional Uses of Information.
We also may use the Service or Website Information to (a) to try to keep the Service safe, and to (b) investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to the physical safety of a person, potential fraud, and violations of our Terms of Service.
Sharing Your Information
We May Share the Service Information with the Following Parties:
Companies that perform services for us, with us, or on our behalf, including without limitation advertising and data platforms and companies (or those working with our customers and business partners), providers of technical infrastructure and technical and customer support, hosting providers, billing support and payment providers, and data enhancement platforms.
Business and data partners, in the course of creating new data services and solutions,
In any other circumstance where we have your consent or are otherwise permitted by law to share it.
b. We May Share the Website Information with the Following Parties:
With companies that perform services for us, with us, or on our behalf, including without limitation advertising and data companies, providers of technical infrastructure and technical and customer support, hosting providers, billing support and payment providers, advertising, data enhancement and marketing partners, and e-mail service providers; and
Without restriction when the information is aggregated, anonymized or de-identified.
c. We May Share Both the Service and Website Information:
In connection with efforts to detect and address fraud, credit risk, security or technical issues.
Without restriction when the information is aggregated, anonymized or de-identified.
In connection with significant corporate events. For example, we may share or disclose information we have about you in the event we sell or transfer all or a portion of our business or assets — such as in connection with a merger, acquisition, reorganization, bankruptcy, dissolution or liquidation — or take steps such as due diligence in anticipation of any such event.
When we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible unlawful activities or to comply with legal process or other legal requirements; when we deem disclosure appropriate in situations involving potential threats to the physical safety of any person, potential violations of our terms (such as our Terms of Service), or claims of violation of the rights of third parties; or when we deem disclosure appropriate to protect the rights, property and safety of us, our employees, users, or another person or entity (the disclosures described here may involve the good faith sharing of your information with, for example, law enforcement, government agencies, courts, or other parties); and
In any other circumstance where we have appropriate consents or are otherwise permitted by law to share it.
Analytics, Advertising and Do-Not-Track
Advertising Technology Providers
As with many websites and web-based services, data about your activities on our Service may be collected by us or by advertising technology providers for use in delivering advertising (both online and offline) tailored to your individual characteristics, activities, interests and other factors. For instance, we may “retarget” you with ads for our Service when you visit our website.
These ad services may track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. We and third-party vendors may use first-party cookies and third-party cookies together, and other automated technologies, and in some cases additional information, (i) to inform, optimize, and serve ads based on past visits to our Service or other factors and (ii) to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Service or other factors.
You may visit the Network Advertising Initiative's Consumer Opt-Out page or the Digital Advertising Alliance's Consumer Opt-Out page to opt out of receiving tailored advertising from many companies involved in that type of advertising - for instance, ads based on your Internet browsing activities. The opt-outs apply only to the browser in which you set them. For example, if you set the opt-out while using Firefox, but then use Chrome, the opt-out will not be active in Chrome. To opt out in Chrome, you will need to repeat the opt-out process.
The opt-outs described in this Privacy Policy do not block or delete cookies, or prevent the use of cookies or other technologies for purposes other than selecting ads based on your interests as inferred by your online behavior. If you opt out, data may still be collected about your web browsing activities and you will still see advertising. Ads may be delivered based on other factors, such as the content of the web page in which they are shown, or demographic information obtained through other means.
Your Choices, and How to Remove Your Content and Information
If you are a consumer and do not want information about yourself to be included in any of the services or data output that we offer, please submit a request to [email protected] We will keep your information in order to suppress it from being output to our customers. Please note that this will not remove your data from the databases of other parties (such as our customers or other data providers) who may already possess your data.
Deleting Your Account
To delete your account, please email [email protected] from the email address we have on file for your account. We reserve the right to permanently erase your account from our systems immediately or at any time after we receive the request or to preserve a record of the account for some time for legitimate business purposes and as required by law. In some cases, the deletion process may take some time. Account deletion by itself may not (and likely will not) ensure complete or comprehensive removal of the content or information you posted on or submitted to the Service.
Security
We protect the personal information we collect with reasonable and appropriate physical, electronic, and procedural safeguards. We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. You transmit information to us at your own risk.
Please help to do your part by taking steps such as (1) using a strong, unique password for our Service that you do not use elsewhere, (2) protecting the confidentiality of your password, and periodically changing it, (3) accessing our Service only from devices that have an up-to-date operating system and anti-virus protection, and (4) notifying us of any suspected unauthorized activity or any breach of the confidentiality of your login credentials. Taking these steps may help lower the risk or impact of certain security threats.
Third Party Links and Services
The Service may contain links to third-party websites, applications and services — or may itself be embedded in such a site, application or service — and the Service also may contain cookies and other third-party content and features. Your clicking on these links or your viewing or interaction with any of these items, or third parties may result in the collection, use and sharing of information about you by third parties. We are not responsible for the content, security or practices of any third parties. The information you choose to provide to or that is collected by these third parties is not covered by our Privacy Policy — you should review those parties' policies and terms to determine how the data they collect from you will be handled.
Children
The Service is not intended for use by children under the age of 18.
Information for European Territory Residents: Our Legal Basis and Your Rights
Our Legal Basis: If you interact with our Service while within the European Economic Area, Switzerland or the United Kingdom (the “European Territories”), our legal basis for processing the personal data described above may vary depending on the personal data at issue as well as the context in which we collect it.
Ordinarily, we process personal data about you in reliance on your consent or on legitimate interest. We may also process data to comply with our legal obligations, or to fulfill a contract you have entered into with us.
To contact us with any questions regarding the legal bases we rely on for processing your personal data, please email [email protected]. You may also contact us at the following address:
upcell, LLC. 6 Liberty Square, PMB #455, Boston, MA 02109
European Residents' Privacy Rights: Residents of a European Territory have the following data subject rights under EU data protection law:
You have the right to access, correct, update or request deletion of your personal data. Email your request to [email protected] or contact us at the address below for more information.
You have the right to object to our processing your personal data. To submit a request to exercise that right, or to otherwise restrict our processing of your personal data, you may email your request to [email protected] or contact us at the address below for more information.
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any personal data processing prior to such withdrawal, nor will it affect any personal data processing that we undertake in reliance on legal bases other than consent (such as legitimate interests).
You have the right to complain to a data protection authority about our collection and use of your personal data. Please contact us at [email protected] with any questions you may have and before making a compliant so that we may answer any questions you have and attempt to assist you in resolving the basis for your complaint. If you do choose to make a complaint, contact details for data protection authorities in the European Territories are available from the European Data Protection Board website.
In some cases, we act as a processor for our Users (for example, when we communicate with prospects for our Users). In cases where we act as a processor, you should direct any requests to exercise your data protection rights to the relevant User of our Service, not to us. If you are uncertain whether we process your personal data as a controller or a processor in any specific context, you can contact us at [email protected] for more information.
Data retention: The data we process in providing the Service is non-sensitive personal data and not subject to any sector specific data retention requirements.
We retain such personal data for as long as it is useful in our products, either as an actual data point or in order to derive, correct or validate other data points, and provided that we are comfortable that the data is accurate and can be relied upon.
We delete personal data where (a) it is no longer used for any purposes, (b) a data subject objects to us processing their data pursuant to their GDPR rights (unless we have a valid legal justification to retain it, such as to resolve disputes or comply with our legal obligations). We also retain personal data which is necessary to keep in a suppression file, i.e., so if we obtain someone's data again, we will be able to exclude it from use.
Information for United States Residents: Our Legal Basis and Your Rights
Our Legal Basis: If you interact with our Service while within the United States, our legal basis for processing the personal data described above may vary depending on the personal data at issue as well as the context in which we collect it.
Ordinarily, we process personal data about you in reliance on your consent or on legitimate interest. We may also process data to comply with our legal obligations, or to fulfill a contract you have entered into with us.
To contact us with any questions regarding the legal bases we rely on for processing your personal data, please email [email protected]. You may also contact us at the following address:
upcell, LLC. 6 Liberty Square, PMB #455, Boston, MA 02109
U.S. Residents' Privacy Rights: Residents of U.S. have the following data subject rights under the California Consumer Protection Act (hereinafter “CCPA”) and CPRA:
·The right to know about the personal information a business collects about them and how it is used and shared;
The right to delete personal information collected from them (with some exceptions);
The right to opt-out of the sale or sharing of their personal information;
The right to non-discrimination for exercising their CCPA rights;
The right to correct inaccurate personal information that a business has about them; and
The right to limit the use and disclosure of sensitive personal information collected about them.
In some cases, we act as a processor for our Users (for example, when we communicate with prospects for our Users). In cases where we act as a processor, you should direct any requests to exercise your data protection rights to the relevant User of our Service, not to us. If you are uncertain whether we process your personal data as a controller or a processor in any specific context, you can contact us at [email protected] for more information.
Data retention: The data we process in providing the Service is non-sensitive personal data and not subject to any sector specific data retention requirements.
We retain such personal data for as long as it is useful in our products, either as an actual data point or in order to derive, correct or validate other data points, and provided that we are comfortable that the data is accurate and can be relied upon.
We delete personal data where (a) it is no longer used for any purposes, (b) a data subject objects to us processing their data pursuant to their CCPA rights (unless we have a valid legal justification to retain it, such as to resolve disputes or comply with our legal obligations). We also retain personal data which is necessary to keep in a suppression file, i.e., so if we obtain someone's data again, we will be able to exclude it from use.
International Transfers
The Service is hosted in the United States. If you access the Service and provide information to the Service from a European Territory, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, you understand that through your continued use of the Service you may be transferring your personal information to the United States and if so, you consent to that transfer. Additionally, you understand that your personal information and the information you provide may be processed in countries (including the United States) where laws regarding processing Personal Information may be less stringent than in your country.
Please do not provide information to us unless you have the proper consents required in the country in which the information was collected.
Other
upcell's use of information received, and upcell's transfer of information to any other app, from Google APIs will adhere to Google's Limited Use Requirements.
Changes to this Policy
This Privacy Policy may be modified from time to time as our business practices and legal requirements evolve. If this Privacy Policy is modified, we will provide notice of the change by posting the updated Privacy Policy on this website (or its successor), and we will include the effective date of the update.
If you disagree with the Privacy Policy or any changes to it, you should delete your account by following the process we have described above, and you should avoid providing any information to us.
How to Contact us
If you have any requests, questions, comments, or concerns regarding our Privacy Policy or practices, please contact us at [email protected] or contact us at the address below:
upcell, LLC. 6 Liberty Square, PMB #455, Boston, MA 02109