Privacy Policy

Please read the following to learn more about our privacy policy. (this “Privacy Policy“)

By using the Services, you are at all times subject to the Website Terms of Use Website Terms of Use, which hereinafter incorporates this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the meanings as given to them in Website Terms of Use.

This Privacy Policy informs you of our policies regarding the collection, use and disclosure of PII or personally identifiable information (“

PII

“) when you use the Services, or that is provided to us with your consent by participating partners (“Partners”), but not to the practices of other companies or institutions we don’t own or control, or people that we don’t manage.

We gather various types of PII from our users, as explained in more detail below, and we use this PII only in connection with the Services, including to personalize, provide, promote, and improve the Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some PII with third parties, but only as described below.

We do not knowingly collect or solicit PII from anyone under the age of 13. If you are under the age of 13, please do not attempt to register for the Services or send any PII about yourself to us. If we learn that we have collected PII from anyone under the age of 13, we will delete that PII as quickly as possible. Only persons aged 13 or older have permission to access the Services. If you learn that someone under the age of 13 may have provided us with PII, please contact us at privacy@getupgraded.com.

We are based in the United States. By using or accessing the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of such information, including your PII, in and to the United States, where laws regarding processing of PII may be less stringent than the laws in your country of residence.

We will only process PII where we have a lawful reason for doing so. The lawful basis for processing PII by us will be one of the following:

If you contact us via e-mail or set up an account, we may collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you email Us or post messages through our Services, the information contained in your posting will be stored on our service provider’s servers.

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your internet protocol (“IP”) address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access the Services, and the page or feature you requested. “Cookiesare identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in the Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of Cookies, but this may prevent you from taking advantage of some of our features.

We may use third parties to provide analytics services. These entities may use Cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Upgraded and others to, among other things, analyze and track data, determine the popularity of certain content, customize the Services, deliver content targeted to your interests on our Services and other websites and better understand your online activity.

For example, we use Google Analytics, a web analytics service provided by Google LLC. (“Google Analytics“). Google Analytics uses Cookies to helps us analyze how users use the Services and enhance your experience when you use the Services. For more information on how Google Analytics uses this data, go to https://policies.google.com/privacy. Our partners may also transmit Cookies to your browser or device, when you click on advertisements or items that appear on the Services. If you click on a link to a third party website or service, a third party may also transmit Cookies to you. Again, this Privacy Policy does not cover the use of Cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that Cookies placed by third parties may continue to track your activities online even after you have left the Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device. For clarity, we use additional analytics tools as well and if you email us, we would be happy to provide you a list.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Through Cookies we place on your browser or device; we may collect information about your online activity after you leave the Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The Services do not support Do Not Track requests at this time, which means that we collect information about your online activity while you are using the Services and after you leave the Services.

We do not rent or sell your PII in personally identifiable form to anyone, except as expressly provided herein.

We may share PII provided in your account or on your linked website, including but not limited to your mobile phone number, with Partners. Additionally, our Partners may use information from your account to target particular communications or offers to you, and by providing such information you consent to receive such communications from Partners, although you may unsubscribe or opt-out at any time directly with the Partner and by contacting us at privacy@getupgraded.com. For example, our Partners may use the information we provide to determine whether certain users of Upgraded may be a good fit for the Upgrade Program.

You understand that when you use the Services, your profile and other information may be shared with other users and/or Partners that you indicate and may be viewable on publicly available areas of the Services, depending on your applicable privacy settings. Partners may send you direct messages, emails, nudges, push notifications, and chat services. For more information about how privacy settings work, please see the section titled “User Profiles and Submissions; Privacy Settings” below.

We may de-identify your PII so that you are not identified as an individual and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use the Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

In certain situations, businesses or third-party websites that we are affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your PII with that affiliated business only to the extent that it is related to such transaction or service you have requested. One such service may include the ability for you to automatically transmit third party account information to the Services profile or to automatically transmit information in the Services profile to your third-party account. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the PII we share with them beyond what is necessary to assist us based on our instructions.

Certain user profile information, including your name and location that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the PII in your user profile and/or what information in your user profile is visible to others.

The Services are designed, among other things, to help you share information. If you have a profile on our mobile application, most of the information you provide us through the Services is information you are asking us to make accessible. When you share information or content via the Services, you should think carefully about what you are making accessible.

You may elect to restrict access to certain information, such as who can view your profile, by using the available privacy settings.

We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, PII could be one of the assets transferred to or acquired by a third party.

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Upgraded, our employees, our users, or others.

We reserve the right to disclose your PII as required by law and when we believe that disclosure is necessary to protect our rights (or those of our Website users) and/or to comply with a judicial proceeding, court order, or legal process served on our Website.

Our Website may include social media features, such as the Facebook “like” button and widgets, such as the “share this” button or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.

We may seek to communicate with you at times by phone either through in-app notifications or by calls, including text messages, if we have been provided with your mobile phone number. If you register and submit your mobile phone number to us, you consent to receive text message alerts from us containing product and service information or promotions that may be sent using automated dialing systems. Text messages may also include information or promotions from Partners you have expressed an interest in directly or while using the Services. We may send approximately two (2) text messages each month but the number of messages you receive depends on the number of information requests. Your provider’s standard message and data rates may apply. You may elect to stop receiving text messages at any time by contacting us at privacy@getupgraded.com and it will not affect your ability to use any other Services or features.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Based upon the PII you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email.

If your PII changes, or if you no longer desire our service, you may update or deactivate it by making the change on our member information page, by emailing our customer support at privacy@getupgraded.com. We will retain and use your information as necessary to comply with or legal obligations, resolve disputes, and enforce our agreements.

The security of your PII is important to us. We endeavor to protect the privacy of your account and other PII we hold in our records, but unfortunately, we cannot guarantee completely security. We follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. It is your responsibility to protect the security of your login information.

Through your account settings, you may access, and, in some cases, edit the following information you’ve provided to us:

• name and password

• email address

• shipping address

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information, we have on file about you, please contact us at privacy@getupgraded.com.

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information and adjust your privacy settings as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us at privacy@getupgraded.com but note that we may retain certain information as required by law or for legitimate business purposes. We may use any aggregated data derived from or incorporating your PII after you update or delete it, but not in a manner that would identify you personally.

Under certain circumstances you may have the following rights:

• the right to ask us to provide you, or a third party, with copies of the PII we hold about you at any time and to be informed of the contents and origin, verify its accuracy, or else request that such information be supplemented, updated or rectified according to the provisions of local law;

• the right to request erasure, anonymization or blocking of your PII that is processed in breach of applicable law;

• the right to object on legitimate grounds to the processing of your PII. In certain circumstances we may not be able to stop using your PII, if that is the case, we’ll let you know why; and

• withdrawal of consent – when PII is processed on the basis of consent an individual may withdraw consent at any time (this may apply to processing of special categories of PII where you have instructed us to act on your behalf and includes the following: racial/ethnic origin, political opinions, religious or philosophical beliefs and trade union membership). In the event that you no longer want to receive any marketing material from us, please use the unsubscribe option (which is in all of our marketing emails to you) or contact us at privacy@getupgraded.com.

This section (this “Supplemental Notice”) applies only to information collected about consumers in the following states: (1) California, (2) Colorado, (3) Connecticut, (4) Nevada, (5) Utah, and (6) Virginia and describes our practices regarding the collection, use, and disclosure of PII and provides instructions for submitting data subject requests. Some apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

To the extent terms used in this Supplemental Notice are defined terms under the applicable US State Privacy Law, they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the state statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you.

1. Supplemental Notice for California Residents.
   

   This Supplemental Notice for California residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Upgraded has collected about them, and whether we disclosed that PII for a business purpose (e.g., to a service provider) in the preceding twelve (12) months.

   1. Disclosure for California Consumers:Unless specifically stated, we have not sold PII about California consumers to third parties for their own use in the past twelve (12) months and have only shared PII as set forth herein. Relatedly, we do not have actual knowledge that we sell or share PII of California consumers under 13 years of age. However, we may share your PII with Partners in arrangements that may meet the broad definition of “sale” or “share” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions. That said, we may share information with third-party advertising partners or analytics providers for the purpose of promoting the Services as described above, including for cross-context behavioral advertising. To the extent that such sharing is considered a “sale” under the CCPA, you may opt-out of having your personal information shared with such advertising partners or analytics providers by emailing us here: privacy@getupgraded.com. For purposes of California law, a “sale” is the disclosure of PII to a third party for monetary or other valuable consideration, and a “share” is the disclosure of PII to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

   2. Additional Privacy Rights for California Residents:
      

      1. Right to Access. If you are a California consumer, you have the right to ask us to send you the following information up to two (2) times in a twelve-month period: (i) categories of personal data we have collected about you; (ii) categories of sources from which we collected the personal data; (iii) our business or commercial purpose for collecting personal data; (iv) categories of third parties with whom we share personal data; (v) categories of personal data we disclose about you for business purposes; (vi) categories of personal data we sell or exchange for consideration about you; and (vii) the specific pieces of PII we have collected about you.

      2. Right to Delete. If you are a California consumer, you have the right to ask us to delete the personal data about you we have collected. We may deny the request if the information is necessary to: (i) complete a transaction, including providing a requested or reasonably anticipated good or service, or fulfill a contract between you and Upgraded; (ii) detect and protect against security incidents, malicious, deceptive, fraudulent, or illegal activity, or take against those responsible for such activity; (iii) debug to identify and repair errors impairing intended functionality; (iv) comply with the California Electronic Communications Privacy Act; (v) engage in research in the public interest adhering to applicable ethics and privacy laws where the consumer has provided informed consent; (vi) enable solely internal uses reasonably aligned with the consumer’s expectations based on the consumer’s relationship with Upgraded; (vii) comply with a legal obligation; or (viii) otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided the information.

      3. Right to portability. A consumer has the right to request personal information about the consumer be disclosed in a common file format.

      4. Right to Opt-out of the sale of Personal Information. If a business sells PII to third parties, California consumers have the right, at any time, to opt out of the sale or disclosure of their PII to third parties. Upgraded does not sell PII to third parties, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

      5. Right to designate an authorized agent. You have the right to designate an authorized agent to make a request under the CCPA on your behalf. To designate an authorized agent, please contact us at privacy@getupgraded.com

      6. Right to non-discrimination. The CCPA grants California consumers the right not to be discriminated against for exercising your privacy rights. If you exercise your privacy rights, we will not discriminate against you, for example, by denying you access to our shop or charging you different rates or prices for the same Services, unless that difference is reasonably related to the value provided by your data.

   3. California Privacy Rights Act. In addition to the rights provided by the CCPA, California residents are provided with the following rights through the California Privacy Rights Act: (i) the right to request that incorrect or outdated PII be corrected but not deleted; (ii) the right to restrict a business’s ability to process sensitive data about the consumer; and (iii) prohibition against a business making decisions about a consumer based solely on an automated process without human input.

   4. California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

   5. Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of PII to other entities for their direct marketing purposes in the preceding calendar year. We do not distribute your PII to other entities for their own direct marketing purposes.

2. Supplemental Notice for Colorado Residents. The Colorado Privacy Act provides Colorado residents with the following rights: (i) the right to opt out of the processing of personal data concerning the consumer; (ii) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer’s personal data; (iii) the right to correct inaccurate personal data collected from the consumer; (iv) the right to delete personal data concerning the consumer; (v) the right to restrict a business’s ability to process PII about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes; (vi) a prohibition against a business making certain decisions about a consumer based solely on an automated process without human input; and (vii) the right to data portability. When exercising the right to access personal data, a consumer has the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hinderance. A consumer may exercise this right no more than two (2) times per calendar year.

3. Supplemental Notice for Connecticut Residents. The Connecticut Data Privacy Act provides Connecticut residents with the following rights: (i) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer’s personal data; (ii) the right to request that incorrect or outdated personal information be corrected but not deleted; (iii) the right to delete personal data concerning the consumer; (iv) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (v) the right to request personal information about the consumer be disclosed in a common file format; (vi) the right to opt out of the sale of personal information about the consumer to third parties; and (vii) prohibition against a business making certain decisions about a consumer based solely on an automated process without human input.

4. Supplemental Notice for Nevada Residents. We generally do not disclose or share personal information for profit. If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. To exercise this right, if applicable, you or your authorized representative may submit a request to privacy@getupgraded.com If you have any questions, please contact us at privacy@getupgraded.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

5. Supplemental Notice for Utah Residents. The Utah Consumer Privacy Act provides Utah residents with the following rights: (i) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer’s personal data; (ii) the right to delete personal data concerning the consumer; (iii) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (iv) the right to request personal information about the consumer be disclosed in a common file format; and (v) the right to request to opt out of the sale of personal information about the consumer to third parties.

6. Supplemental Notice for Virginia Residents. The Consumer Data Protection Act provides Virginia residents with the following rights: (a) the right to confirm whether or not a controller is processing the consumer’s personal data and to access such personal data; (b) the right to delete personal data provided by or obtained about the consumer; (c) the right to obtain a copy of the consumer’s personal data that the consumer previously provided to the business in a portable and, to the extent technically feasible, readily usable format; (d) the right to opt out of the processing of the personal data for purposes of: (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer; and (vi) the right to restrict a business’s ability to process personal information about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes.

Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: Unless specifically stated, we do not sell or share PII to third parties for their own use. However, we may share or process one or more of the above categories of personal information with our Partners in arrangements for purposes of targeted advertising, as the terms “sell,” “share,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CTDPA. In these arrangements, use of the information we share is limited by policies, contracts or similar restrictions.

If we decide to change our privacy practices, we will post those changes to this Privacy Policy, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we change how we use your personally identifiable information, we will notify you here, by email, or by means of a notice on our home page. Any material changes to this Privacy Policy will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or ten (10) calendar days following our posting of notice of the changes on our Website and/or mobile application. These changes will be effective immediately for new users of our Website and mobile application.

Any questions about this Privacy Policy should be addressed to:

6001 W Parmer Ln Ste 370

PMB 2991

Austin, TX 78727

Email: privacy@getupgraded.com