- through your use of https://www.upbeater.com/ and any connected domain name (the “Site“),
- through your use of and applications for our products and services and membership in our community(s);
- by interacting with our content and/or services; or
- by contacting with our team members.
This policy also applies to information held about suppliers and possible future suppliers, contacts and all other people we hold information about.
“Personal Information” means data that allows someone to identify or contact you (e.g. your name, address, telephone number, e-mail address, credit/debit numbers, expiration date and other billing information; people to whom purchases have been shipped, including addresses and phone number). “Non-Personal Information” means data that is not associated with or linked to your Personal Information.
Depending on the particular circumstances, we may collect and hold different Personal Information about you. For example, this may include:
- your name;
- your education;
- your occupation and professional qualifications;
- your contact information such as your home or work address, telephone and email contact details;
- your payment details/financial information, such as your bank account or credit card details;
- your postings on any social media applications and services that we provide;
- your account security credentials, such as username and passwords;
- information about how you use our products and services;
- information in connection with communications you send us, for example to report a problem; and
- where necessary, additional information as part of our user authentication process.
AUTOMATED COLLECTION OF INFORMATION
Each time you use the Site, we may automatically collect the following types of information:
- Technical information: For example, the type of internet browser and the operating system. We use this information to help provide a good user experience on the Site.
- Log information: For example, the details of the use of the Site by you, the visits to the Site and traffic data. We use this information to help us understand how users use the Site and to improve user experience.
If you fail to provide us with this information, or you object to us processing such information the consequences are that we may be prevented from conducting business with you and we may be unable to provide our products and services to you.
HOW INFORMATION IS OBTAINED
- Information you give to us when you purchase or subscribe to our products and services. If you purchase one of our products you will need to provide certain information including your name, address and card number in relation to the purchase.
- Other information you give to us. We may receive and store information that you enter on the Site (e.g. when you submit a form) or give us in any other way (e.g., by telephone, email or other software platform). As a result of your use of the Site, you may supply us with such Personal Information such as your name and contact details.
- Social Media. Depending on your settings or the privacy policies for social media and messaging services such as Facebook, Twitter and Instagram you might give us permission to access information from those accounts or services.
- Information we collect about you:
- We may also collect information from you online using cookies and other analytical tools or when you visit the Site, including when you use our products and services. Like most websites, we use “cookies” to help us make our Site – and the way you use it – better. Cookies mean that a website will remember you. They’re small text files that sites transfer to your computer (or phone / tablet). They improve website use and speed – for example by automatically filling your name and address in text fields. There are more details in our section on Cookies below.
- In addition, with regard to each of your visits to our Site we will automatically collect certain information e.g. your IP address used to connect your computer to the Internet.
HOW WE HOLD YOUR INFORMATION
The Site has reasonable security measures in place to protect against the loss, misuse and unauthorized alteration of Personal Information in Upbeaters’ possession and control. Although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof.
LINKS TO OTHER SITES
HOW THE INFORMATION IS USED
Our primary purpose in collecting user information is to provide you with a safe, smooth, efficient, and customised experience and to provide the products and services that you like or have requested. We may also use the information that you have provided to ensure that the content on our Site is presented in the most effective manner for you and your computer. We may use and disclose your information for the following specific purposes:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the products, services and information that you request from us;
- to assist you with enquiries, or to improve our customer service;
- to communicate with you;
- to send you marketing (where we have the right to do so – see marketing section below);
- for our billing and account purposes;
- to maintain our business relationships where you are a business partner, a user of our website and services, or a customer;
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- as part of our efforts to keep our Site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our Site about services that may interest you or them;
- to develop and improve our products and services;
- to update our records;
- to allow you to participate in interactive features of the Site or our services, when you choose to do so; and
- comply with legal and regulatory obligations.
As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing the Services or as required by law.
We may use Non-Personal Information in a variety of ways, including, by way of example, to evaluate the performance of the Site and Services and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information.
INFORMATION SHARED WITH THIRD PARTIES
- We may disclose certain Personal Information about you to our affiliates, third-party service providers, agents and contractors (e.g., our third party payment processors), if this is necessary to provide you with our products and services, respond to your inquiries or for any other related purposes and so long as they are only using the Personal Information to provide services to us. We will ensure that if we share information with, or provide access to, third party service providers or affiliates, any such disclosure or access is at all times in compliance with applicable data protection legislation.
- Under certain limited circumstances, we may cooperate with legal investigations and/or we may be subject to legal requirements to disclose information collected through the Site or the Services, such as, by way of example, to a court or a governmental agency, and our policy is to provide such cooperation and comply fully with all such legal requirements.
- We may also share your Personal Information with third parties who support our information technology or handle mailings on our behalf and our professional advisers
The disclosures contemplated by this paragraph (“Necessary Disclosures”) are necessary if you wish to use our products and services. As mentioned above, we may use and disclose Non-Personal Information without restriction. If you do not want us to make such Necessary Disclosures, or to use Non-Personal Information without restriction, you must not use the Services. We do not sell, rent or lease e-mail addresses or other Personal Information to third parties.
HOW LONG WE KEEP YOUR INFORMATION
We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate, up-to-date and still required.
If you close an account you have with us or you decide not to go ahead and use our services, we may still keep your information.
If you have subscribed to one or more of our products or services, communications or mailing lists, you may unsubscribe by following the instructions which are included in any email that you receive or by contacting email@example.com at any time.
Effective Nov 1, 2019. Upbeater may make changes to this policy in the future.
Last updated April 28, 2020.
This section applies to users in the European Union in addition to the terms set out above. In this section “Data Protection Legislation” means the EU General Data Protection Regulation 2016/679, together with all other applicable legislation relating to privacy or data protection, and where we use the terms “personal data”, “data subject”, “controller”, “processor” and “process” (and its derivatives), such terms shall have the meanings given to them in the Data Protection Legislation.
WHO ARE WE?
LEGAL GROUNDS FOR USING YOUR PERSONAL INFORMATION
Our processing of your personal information is necessary:
- for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts;
- for the purposes of legitimate interests pursued by us; or
- in order to comply with a legal obligation to which we are subject.
In relation to any processing of special categories of personal information such as information about your ethnicity, we will generally rely on obtaining specific consent from you at the time unless there is otherwise a legal requirement for us to process such information
Where our processing is based on the legitimate interest grounds described above, those legitimate interests are: (i) collecting personal information to provide you with a smooth and efficient customer experience; (ii) running our business; (iii) to provide the products and services you have requested; (iv) to prevent fraud; (v) to update you and keep you informed about relevant products and services, unless you indicate at any time that you do not wish us to do so; and (vi) for our own marketing, research and product development.
At any time, you have the right:
- to be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
- to request access to or a copy of any personal data which we hold about you;
- to rectification of your personal data, if you consider that it is inaccurate;
- to ask us to delete your personal data, if you consider that we do not have the right to hold it;
- to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
- to ask us to stop or start sending you marketing messages at any time by using the below contact details;
- to restrict processing of your personal data;
- to data portability (moving some of your personal data elsewhere) in certain circumstances;
- to object to your personal data being processed in certain circumstances; and
- to not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. We will comply with our legal obligations as regards your rights as a data subject.
We will correct any incorrect or incomplete information and will stop processing your personal data, or erase it, where there is no legal reason for us to continue to hold or use that information.
We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change.
Where we share data with affiliates and other third parties as described in the section "Information Shared with Third Parties" above, your information may also be sent to and stored at a destination outside the European Economic Area (“EEA”) and may be processed by staff operating outside the EEA who work for us, or for one of our service providers, affiliates, distributors, agents or contractors.
Where recipients are outside the EEA, we ensure that the recipient provides an adequate level of protection for your personal data or the transfer is otherwise permitted under applicable Data Protection Legislation.
If you wish to exercise any of the rights relating to your information set out above, or if you have any questions or comments about data protection, or you wish to raise a complaint about how we are using your information you can contact us using the following details, or any other details notified to you from time to time, write to firstname.lastname@example.org.
If you have any concerns about our use of your information, you also have the right to make a complaint to the relevant Data Protection Authority which regulate and supervise the use of personal data in the EEA.