Privacy Policy

Effective Date: August 1, 2021

Thank you for visiting an online service (e.g., website, platform, or service) that posts a link to this Privacy Policy (“Service”) owned or operated by WideOrbit LLC (“WideOrbit”, “We”, “Us”, “Our”).   This Privacy Policy will provide you with information as to how We collect, use, and share information about you, including the choices We offer with respect to that information, and applies to your use of any Service, regardless of how you access or use it.  It does not apply to Our data collection activities outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and consent to Our data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service.  If you do not agree and consent, please discontinue use of the Service.

Your California Privacy Rights

California residents have certain privacy rights detailed in our Consumer Resident Privacy Notice here.

1. Information we collect

A. Information about You that You Provide. We and/or Our Service Providers (defined below) may collect information you provide directly to Us and/or Our Service Providers via the Service.  For example, We collect information when you use or register for the Service, post on the Service, or communicate or transact through the Service.  In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

Information that We, Our Service Providers and/or Third-Party Services may collect from you includes: your first and last name, institution/company, e-mail address, user name, Third-Party Services logins and other credentials, phone number, address, payment information and other information that personally identifies you (“Personally Identifiable Information”).

B. Information Collected Automatically. We, Our Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”).  Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, device you use, the web page you visited before coming to our sites, and identifiers associated with your devices and your devices (depending on their settings) may also transmit location information to the Service.The methods that may be used on the Service to collect Usage Information include:

The methods that may be used on the Service to collect Usage Information include:

  • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
  • Collected by Cookies and Other Tracking Technologies:  Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.

Some information about your use of the Service and certain other online services may be collected using Tracking Technologies across time and services and used by Us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain other online services.  See Section 11 regarding certain choices regarding these activities.  We are giving you notice of the Tracking Technologies and your choices regarding them below so your consent to encountering them is meaningfully informed.

C. Information We Collect From Other Sources. We may also obtain information about you from other sources, including Service Providers and Third-Party Services.  We are not responsible nor liable for the accuracy of the information provided by third parties or for third party policies or practices.

Limitations. To the extent any non-PII, or PII collected outside of the Service or by Third-Party Services, is combined by or on behalf of Us with Personally Identifiable Information We collect directly from you on the Service (“Company-Collected PII”), We will treat it in accordance with this Privacy Policy.

Notwithstanding the foregoing or anything to the contrary, unless required by applicable law, this Privacy Policy is not intended to limit Our activities regarding information that does not personally identify you such that it does not constitute PII, including PII that has been “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction of non-personally identifiable elements), and non-Company-Collected PII (including third-party-sourced, or non-Service-sourced, information) that is not combined with Company-Collected PII.

The definition of “personal information” under certain California laws differs from the definition of PII used in this Privacy Policy.

2. How we use the information we obtain

We may use information about you for any purposes not inconsistent with Our statements under this Privacy Policy, or otherwise made by Us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

  • Allow you to participate in the features We offer on the Service;
  • Facilitate, manage, personalize, and improve your online experience;
  • Process your registration, manage your account and/or upload your User Generated Content (“UGC”). For more on the public nature of UGC, see Section 5;
  • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
  • Our and Our Affiliates’ marketing and other purposes;
  • Provide, improve, protect, and promote the Service and other products and services, and for any business purposes;
  • Understand how you use our products and customize your experience;
  • Provide customer support;
  • Respond to your inquiries and requests;
  • Fix issues and problems with our products and services;
  • Store your interests and preferences and tailor our content, advertisements, and offers;
  • Fulfill other purposes disclosed at the time you provide information or otherwise where We are legally permitted or are required to do so; and
  • Prevent and address fraud, breach of policies or terms, and threats or harm.

We may also aggregate or anonymize information, or otherwise process it in a way such that it no longer constitutes personal information, and use such non-personal information for our business purposes (such as research and marketing).

We may contact you for marketing purposes. Please visit Section 11.D for information regarding your choices as to promotional communications.

3. Information we share with third parties

Generally, We may share information about you for any purposes not inconsistent with Our statements under this Privacy Policy, or otherwise made by Us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

  • With our agents, vendors, consultants, and other service providers (collectively “Service Providers”)  in connection with With our agents, vendors, consultants, and other service providers (collectively “Service Providers”) in connection with their work on our behalf, including assisting in the provision of the Service. These parties provide services such as authentication, billing and collections, payment processing, customer support, or data storage. We contractually require these Service Providers to protect your personal information and use it in a manner that is consistent with this Privacy Policy.
  • If We believe your actions are inconsistent with our terms of use or other applicable terms or policies, or to protect the rights, property, life, health, security and safety of Us, the Service, or its users, or any third party;
  • To comply with law, law enforcement or other legal process, and, where permitted, in response to governmental requests or legal process (for example, a court order, search warrant or subpoena); and
  • In other circumstances in which We have a good faith belief that a crime has been or is being committed by a user.

In addition, We may share information about you as follows:

  • Marketing: Subject to your communications choices explained in Section 11.D, and the rights of California residents explained in Section 12, We may use your information to send you marketing communications.  [Absent your consent (which may be by means of opt-in, your election not to opt-out, or a third party interaction described in the next bullet point), however, Upzing will not share your Company-Collected PII with third parties, other than Our Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).]
  • With Your Disclosure or Consent:  As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your information with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties.  Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Us.
  • Corporate Transactions: In addition, We may share information about you in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Our assets, or transfer of all or a portion of Our business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

4. Sweepstakes, contests, and promotions

We may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personally Identifiable Information and other information.  If you voluntarily choose to enter a Promotion, your information, including Personally Identifiable Information, may be disclosed to Us, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy.  Please review those rules carefully.

5. Information you disclose publicly or to others

The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personally Identifiable Information.  If you choose to submit UGC to any public area of the Service, to the extent public areas are made available to you, your UGC will be considered “public” and will be accessible by anyone, including Us.  Notwithstanding anything to the contrary, unless otherwise explicitly agreed by Us, Personally Identifiable Information included in UGC is not subject to Our usage or sharing limitations, or other obligations, regarding Company-Collected PII or other Personally Identifiable Information under this Privacy Policy or otherwise, and may be used and shared by Us and third parties to the fullest extent not prohibited by applicable law.  We encourage you to exercise caution when making decisions about what you disclose in such public areas.

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, We rely on you to only send to people that have given you permission to do so.  The recipient’s Personally Identifiable Information Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, We rely on you to only send to people that have given you permission to do so.  The recipient’s Personally Identifiable Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Us for any other marketing purpose unless We obtain consent from that person.  Your contact information and message may be included in the communication.

6. Third-party content, third party services, advertising and analytics

The Service may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other services (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personally Identifiable Information from you.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services.  Examples of such interactions include connecting the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you enable such interactions, both We and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

We may engage and work with Service Providers, Third-Party Services, and other third parties to serve advertisements on the Service and/or on other online services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”).

We are not responsible for, and make no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourage you to familiarize yourself with and consult their privacy policies and terms of use.

See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

7. DATA SECURITY AND MONITORING; RETENTION

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction, both during transmission and once it is received. Nevertheless, transmission via the Internet and online digital storage are not completely secure and We do not guarantee the security of your information collected through the Service. If you have any questions about the security of your personal information, you can contact us as set forth in the ‘CONTACT US’ section below.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. International transfer

We are based in the U.S. and the information We and Our Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personally Identifiable Information, in the U.S. as set forth in this Privacy Policy.

9. Children’s privacy

The Service is intended for a general audience and not directed to children less than 13 years of age. We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA.  If We obtain knowledge that We have collected Children’s Personal Information in a manner not permitted by COPPA, We will remove such data to the extent required by COPPA.

10. Accessing and changing information

To the extent required by applicable law, We may provide web pages or other mechanisms allowing you to delete, cTo the extent required by applicable law, We may provide web pages or other mechanisms allowing you to delete, correct, or update some of your information that We have collected and retained, and potentially certain other information about you (e.g., profile and account information). Further, We reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

11. Choices: tracking and communication options

A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from browsers may not be effective with regard to certain Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Like many online services, We currently do not alter Our practices when We receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but We are not responsible for the completeness or accuracy of this third party information.  For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

B. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell our customers not to measure your use of their web sites or tailor their online ads for you.”

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for Us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads).  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.  Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.  Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).  Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.  We support the ad industry’s Self-regulatory Principles for Online Behavioral Advertising [Link to https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf] and expects that ad networks We directly engage to serve you Interest-based Advertising will do so as well, though We cannot guaranty their compliance.

We may also use Microsoft Advertising Services. To learn about the data Microsoft collects and how your data is used by it and to opt-out of certain Microsoft browser Interest-based Advertising, please visit here.

We may also use Google Ad Services. To learn more about the data Google collects and how your data is used by it and to opt out of certain Google browser Interest-Based Advertising, please visit here.

We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

C. Mobile Apps. With respect to Our mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app.  Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., tracking across apps and websites owned by other online services, location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings.D. Communications. You can opt out of receiving certain promotional communications from Us at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Us to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable.  Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscription communications may continue.  Even if you opt out of receiving promotional communications, We may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Our ongoing business relations.

12. CHANGES TO THIS PRIVACY POLICY.

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

If we change our privacy policies and procedures materially, we will post those changes to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. When we change the policy in a material manner we will update the ‘effective date’ at the top of this page, and we may also notify you of the change via email or other prominent notice posted on this site or the Service.

13. CONTACT US.

If you have any questions about this Privacy Policy, please contact Us at legal@upzing.com.